These are the terms and conditions (Terms and Conditions) on which NIC TC Registry LTD. (NICTC), (the Company), provide the customer (the Customer) with the Services as defined below. It also sets out the obligations of the customer before and after registering a domain.
The Customer must read these Terms and Conditions carefully before making any applications. Making an application will constitute the Customer’s full agreement to these Terms and Conditions. The Customer should print off a copy of these Terms and Conditions for future reference.
1. InterpretationThe definitions and rules of interpretation in this clause apply in these Terms and Conditions.
Annual Fees: the Annual Fee charged by the Company to the Customer for the provision of the Services, as listed at clause 4.7 below.
Domain Name:the internet domain name applied for by the Customer and registered by the Company for the Customer’s use during the Term.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Services: the Company’s registration of the Domain Name in the Customer’s name and the Company allowing the Customer use of the Domain Name during the Term in accordance with the provisions of these Terms and Conditions.
Term: The period for which the Company provides the Customer with the Services in accordance with these Terms and Conditions, as defined in clause 4.5 below.
Top Level Domain: a top level domain administered by the Company, being .TC
2. Supply of the servicesThe Company agrees to supply the Services to the Customer on these Terms and Conditions for the duration set out in clause 4.5 subject to the acceptance of the Customer’s application in accordance with paragraph 4.3 below.
3. Applications to register3.1 All applications must be made by visiting the Company’s website and following the instructions provided.
3.2 Applications must be made through one of the Company’s accredited registrars or resellers, a list of which can be found on the Company’s website [www.nic.tc].
3.3 The Domain Name can have between 2 and 63 characters, using the letters A-Z (where no distinction is made between upper case and lower case) and numbers from 1 to 9. The Domain Name can also contain hypens, however it cannot begin or end with a hyphen.
3.4 If the Domain Name includes the name of a geographic region such as but not limited to a county, province, city, district or country the Customer must provide the written consent of the authority of that geographic region to the Company before the Domain Name will be accepted for registration or renewed in accordance with clause 9.
3.5 If the Domain Name includes the name of any officially recognised body or authority the Customer must provide the written consent of the relevant body or authority before the Domain Name will be accepted for registration or renewed in accordance with clause 9.
3.6 The Company will not accept the registration of Domain Names by third parties on behalf of the Customer. All registrations accepted by the Company shall be in the name of the Customer and registrant of the Domain Name.
4. Acceptance and Payment4.1 The Company reserves the right to refuse to proceed with the Customer’s application to register the Domain Name without giving reasons.
4.2 The Company does not accept any responsibility or liability if the Customer’s application to register a Domain Name is not successful and the Company makes no warranty in this respect.
4.3 The Company will accept the Customer’s application to register a Domain Name provided the Domain Name is available and the Company has received full payment of the Annual Fees.
4.4 The Customer agrees that:
(a) when the Company receives the Customer’s application to register the Domain Name, the Company will immediately commence performing the Services;
(b) if the Customer is a consumer (as opposed to a business), once the Company has commenced to perform the Services for the purposes of registering the Domain Name pursuant to clause 4.3, the agreement cannot be cancelled under the Consumer Protection (Distance Selling) Regulations 2000; and
(c) the agreement can only be terminated in accordance with clause 10 of these Terms and Conditions.
4.5 The Term of the agreement shall be between 1 to 10 years depending on the level of Annual Fees paid by the Customer.
4.6 The agreement shall commence on the date the Company receives full payment of the Annual Fees applicable, or the date registration is renewed in the event of a renewal under clause 9, and will continue for the period of the Term.
4.7 The Annual Fees are as follows:
.TC domains two plus characters 70 USD
4.8 The Annual Fees shall be paid online either by credit card or through a PayPal account.
In the case of multiple applications, the Company may occasionally accept payment by cheque or inter-bank transfer to be agreed on a case by case basis with the Customer.
4.9 If the Customer fails to make payment the agreement of the Annual Fees will not commence and the Domain Name will not be registered. The Customer will receive notification of the payment of the Annual Fees required to complete registration by email and shall have the opportunity to login in his/her NIC TC Registry LTD. account and pay the balance within 3 days of the notification. Availability of the Domain Name applied for cannot be guaranteed at any time prior to payment.
4.10 The Company may in exceptional circumstances cancel the payment for a domain registration, and issue a refund if a domain registration has not been successful.
4.11 If a credit card payment reclaimed, this agreement will automatically terminate.
5. LicenseAcceptance of the Customer’s application creates a license for the Customer to use the Domain Name applied for during the Term in accordance with these Terms and Conditions.
6. Customer’s Obligations6.1 Not to use the Domain Name in breach of the Intellectual Property Rights of any third party.
6.2 Not to use the Domain Name for any purpose which in the reasonable opinion of the Company is illegal or immoral purpose, or for any purpose likely to bring the name of the Company into disrepute. The Company reserves the right to monitor the Customer’s use of the Domain Name for illegal or immoral purposes.
6.3 Not to grant the use of Domain Names for the purpose of re-selling subdomains.
6.4 To submit and maintain accurate electronic records of the information required. The Customer must provide and maintain the following types of contact detail:
(a) Registrant a person in whose name the Domain Name will be registered for the purposes of clause 3.7 and the entity or person who ‘owns’ the Domain Name.
(b) Administrative a person authorised to act on behalf of the Registrant who will be the primary contact for matters connected with the Domain Name.
(c) Technical a person who can be contacted for correspondence of a technical nature.
(d) Billing a person who can be contacted for billing queries.
Please note that the Company may terminate the agreement with the Customer in accordance with clause 10.5(c) if the contact details are not maintained for each of the above.
7. Domain transfers7.1 Subject to the requirements of this clause 7, the Customer may, at its written request, transfer the Domain Name:
(a) from the Company to a registrar or vice versa; and
(b) from one registrar to another.
7.2 In order to ensure a transfer under clause 7.1 is secure, the Customer will be provided with a transfer code by the current registrar, which must be notified to the receiving registrar in order for a transfer to be effected.
7.3 Only the Customer will be able to transfer a Domain Name in accordance with this clause 7.
7.4 No further transfers will be made under clause 7 within 30 days of the date a transfer is effected.
8. Limitation of liability8.1 The Company will use its reasonable endeavors to ensure the Services are prompt and continuing but will not be liable for any loss of data resulting from delays or service interruption caused by circumstances beyond the Company’s control, or by errors or omissions of the Customer or any third party.
8.2 The Company shall under no circumstances be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss indirect, incidental or consequential damages, including loss of income, data, or information in any event arising under or in connection with this agreement.
8.3 Nothing in this clause 8 shall limit or exclude the Company’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
8.4 This clause 8 shall survive termination of the contract.
9. Renewal9.1 The Customer can renew the agreement in accordance with clause 9.2.
9.2 To renew this agreement the Customer must login to their account at any time before midnight (GMT + 1) on the day the Term expires and make an online payment of the Annual Fees to the Company for the Term required.
9.3 On expiry of the Term there will be a 30 day grace period within which you can restore the Domain Name to the register. The fee for restoring the Domain Name to the register will be 3 times the Annual Fees for the relevant Domain Name listed at clause 4.7 above.
9.4 If the agreement is renewed it will create a new agreement on the standard terms and conditions of the Company then in force as found on the Company’s website.
10. Termination10.1 This agreement and the license granted herein will terminate and the Domain Name will be deleted on expiry of the Term if not renewed in accordance with clause 9.2
10.2 This agreement and the license granted herein may be terminated at any time by the Customer by giving the Company 7 days notice in writing (e-mail message being regarded as writing for this purpose) but no refund of fees shall be made in this event.
10.3 The Company may terminate the agreement with immediate effect without prior notice if it comes to the attention of the Company that spam emails are being sent from the Domain Name.
10.4 The Company may terminate this agreement or suspend the Customer’s registration of a Domain Name on giving 7 days written notice (e-mail message being regarded as writing for this purpose) with termination occurring on expiry of the notice period upon any of the following events:
(a) If the Services are used in a way that the Company considers to be in any way detrimental to the operation of the Top Level Domain; (b) If the Customer breaches these Terms and Conditions; (c) If the Customer does not provide and maintain accurate, proper and adequate contact information to the Company under clause 6.4; (d) If in the opinion of the Company the Domain Name is being used in a manner likely to cause confusion to internet users; (e) If it has come to the Company’s attention that legal action is being commenced regarding the Domain Name; or (f) Where an invoice has been issued to the Customer for payment of the Annual Fees under clause 4.11 which remains unpaid for 30 days.
10.5 Termination or expiry of this agreement for whatever reason shall not prejudice or affect any right of action or remedy which shall have accrued or shall accrue thereafter to the Company.
11.1 The Customer warrants to the Company that:
(a) The Customer has the legal right and authority to enter into and perform its obligations under the agreement created under these Terms and Conditions.
(b) The Domain Name applied for does not infringe the Intellectual Property Rights of any third party and the Customer has not received any complaint, notice or allegation that the Domain Name infringes the Intellectual Property Rights of any third party, nor is the Customer aware of any circumstances which might lead to any such complaint, notice or allegation.
(c) The contact details provided for the purposes of clause 6.4 are true, accurate and up to date.
(d) If the Domain Name includes the name of any geographic region (e.g. county, province, city, district, country) or officially recognised body or authority the Customer has consent to use the name and that such consent is valid and enduring throughout the Term.
12.1 The Customer shall indemnify and hold the Company harmless against all and any loss, damages, liability and costs (including reasonable legal expenses) that the Company suffers or incurs as a result of a breach of the warranties in clause 11 above or any other use of the Services by the Customer.
12.2 This clause 12 shall survive termination of the contract.
13. General Provisions
13.1 This agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
13.2 If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.
13.3 If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
13.4 No person other than a party to this agreement shall have any rights to enforce any term of this agreement.
Any dispute or difference arising out of the Company’s decision to terminate this Agreement or to suspend the Customer’s registration of a Domain Name, shall at the Customer’s request be finally resolved by the World Intellectual Property Organisation (WIPO) whos website can be found at: http://www.wipo.int/amc/en/domains/
15. Governing Law and Jurisdiction
15.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of the Turks & Caicos Islands. 15.2 Subject to the arbitration clause 14 above, the parties irrevocably agree that the courts of the Turks & Caicos Islands shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter.