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VTX is member of CORE which itself is an ICANN-accredited registrar.
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The present specific terms and conditions apply to domain name booking services (products and services) provided by the companies of the VTX TELECOM S.A. group, including ARCANTEL S.A., BIELSTAR Sàrl, VSI VIDEOTEX SVIZERRA ITALIANA S.A., VTX Datacomm S.A., VTX EDITEL S.A., VTX INTELLINET S.A., VTX Network Solutions S.A., VTX OMEDIA S.A., VTX SERVICES S.A., (thereafter the Supplier).
The purpose of these terms and conditions is to define the limits in which the Supplier provides the customer with a domain name booking service.
The terms and conditions relating to the provision of the services are defined in the following documents:
- the present terms which are specific to the domain name booking products;
- the terms and conditions relating to the products and services of the VTX TELECOM S.A. Group available online at www.vtx.ch
- the registration form, or its electronic or telephone equivalent.
- the price list
The registration form may be a paper form, an electronic form or the recording of a telephone call with an approved third party.
- Suppliers shall put at disposal of Customer a domain-name reservation service. By acknowledging and accepting these General Terms and Conditions, Customer also acknowledges and accepts the conditions imposed by ICANN and the domain-name registrar organizations, in particular CORE and Switch.
CORE’s conditions can be consulted online at
http://www.corenic.org/Registration-Agreement.htm
Switch’s conditions can be consulted online at
http://www.switch.ch/en/id/terms
If there should arise a conflict concerning a precise statement between these general conditions and the general conditions of CORE and Switch, only the conditions of VTX will be considered as the conditions of reference.
- Because the Internet is a network of independent networks without any global center of responsibility, Suppliers' responsibility shall be limited to guaranteeing the quality of services rendered within their own networks.
- The quality of services rendered is that of the Internet (“best effort”); therefore, no measures can be taken by Suppliers with respect to the availability of international bandwidth or the quality of Swisscom's telephone lines. Suppliers reserve the right to re-initialize or interrupt their services for technical purposes. Likewise, Suppliers shall not be held responsible for any interruptions of connections or loss or alteration of data as a result of any telephone line, cable or network malfunctions or of any power failures.
- Customer shall undertake to use the infrastructure put at his disposal strictly in accordance with the Swiss laws and the international conventions applicable. Customer shall be solely responsible for the choice of his domain name. Therefore, it shall be Customer's responsibility to guarantee that the name will not give rise to any legal disputes regarding copyright, trademark protection or any other intellectual property rights. The domain name chosen must not discriminate against or handicap any person physically or morally, particularly with respect to race, religion or name. Customer shall also undertake not to infringe any federal laws governing telecommunications and to abstain from distributing over the Internet any data (texts, images, audio or video) prohibited by criminal law, especially those of a pornographic, violent or defamatory nature. Customer shall be responsible for his acts with respect both to civil and criminal law and shall release Suppliers henceforth from all responsibility in the event of any legal action directed against himself. Customer hereby declares that he is familiar with the workings of the Internet, with its characteristics and technical limitations as well as with the types of information available thereon and that he will use it accordingly. He is aware that certain informations and data available on the Internet may be shocking, offensive or erroneus and that he must take all appropriate steps to protect minors from such informations and data and to prevent improper use of the Internet connection by said minors or by any third person.
- Under no circumstances may Customer hold Suppliers responsible for flaws inherent in the Internet or in the contents of the informations and data accessible thereon.
- The customers is responsible for the protection of his installation and of his data against illegal use and against access by third parties (especially against hacking and spamming)
The Supplier can under any no circumstances be held responsible for the loss emanating from such misuse or the access by third parties, or for the diversion of data traffic, e.g. in case of online bill payment. It is the customer’s duty to implement the necessary security arrangements, since the net equipment of the Supplier does not provide any filtering function.
- Any resale of Suppliers' services is expressly forbidden to Customer unless agreed in writing in advance.
- In case of misuse and especially in case of violation of the articles 4 and 7 of the present contract, the supplier may close the connection without prior notice or liability. The customer is held responsible for damage arising by the violation of the present general terms and conditions.
- In the event of non-compliance with the terms of payment, Suppliers reserve the right to suspend all of their services. For the reactivation of his reserved domain name or names, Customer shall be required to pay a CHF 100 service charge.
- Reactivation of a domain name that has been deleted is only possible within the time limit set by the registrar. An additional charge of Fr. 100 will be invoiced to the customer for the reactivation of the domain name(s).
- Customer shall undertake to provide VTX with correct information when applying for and registering his domain name. This guarantee concerns in particular the correctness of name, address and contact information given as well as the commercial documents and certificates submitted. Suppliers reserve the right to levy a service charge of CHF 100 for any modifications necessary to the information provided by Customer.
- Suppliers reserve the right to modify their rates with 2 months' notice and in such form as they may deem appropriate. The on-line version of the General Terms and Conditions shall have precedence over the printed General Terms and Conditions. The parties to the contract agree that VTX is fully entitled to modify its services without being required to mention these modifications anywhere but in the on-line General Terms and Conditions.
- Customer's obligations comme into effect once the registrar organization (e.g. CORE for the .com, .org,.net, .info, .biz, .name, .mobi, .eu, .us, .cn, .in, .tw and .at domains and Switch for the .ch et .li domains) has accepted the registration and the application fee has been completely paid in.
- Invoicing
Customer shall pay the amount due for the service as indicated on Suppliers' price list. When a customer reservation is made via VTX' on-line service, payment is made via credit card. Any customer who has already made a domain-name reservation using VTX' service may also opt for payment by invoice. In the event of non-payment, Suppliers reserve the right to suspend or terminate their services with immediate effect and without notice. On registration of the chosen name and even in the event of a spelling error in the domain name attributable to Customer, said domain name shall become Customer's sole property and no requests for refunds shall be accepted.
- Duration of contract
The contract shall be concluded for a duration of no less than 2 years, unless a different duration has been expressly specified in the contract. It is automatically renewed each year. Within a few weeks of expiration of the contract, Customer shall be notified by Suppliers' email of his possibility of renewing his reservation by paying his annual fee.
- Activation delay
The domain name reservation shall become effective and final only on reception of Suppliers' confirmation by Customer. Such reservation is subject to registration delays with the organizations involved (e.g. CORE for the .com, .org.net, .info, .biz, .name, .mobi, .eu, .us, .cn, .in, .tw and .at domains and Switch for the .ch and .li domains).
- Confidentiality of personal data
The customers may at any moment look at his personal data detained by the supplier and demand their modification.
The supplier is entitled to pass on the customer’s personal data information for any operation connected with the domain name reservation. However he may not and under no circumstances sell share or otherwise distribute collected personal data information to third parties.
If the customer registers himself on a partner’s co-branded site, collected data from this site may be shared with that specific partner.
- Information
The supplier reserves the right to inform the customer of new services and products either by post or by e-mail.
- Legal scope of the terms of the contract
By signing the contract, the Customer declares having read and understood the present terms and conditions, and the terms specific to the services agreed upon, and accepting them without reservation.
Signing the contract will be regarded as an IOU as provided by art. 82 LP for services invoiced and calculated on the basis of the pricelist attached to the contract, the said pricelist having been read and understood by the Customer, or on the basis of the amendments communicated to the Customer in compliance with the terms of the contract.
Should any difference in interpretation arise between the French and the English versions, the original document in French will be binding.
- Jurisdiction and applicable Law
For any claim relating to the execution or interpretation of the present contract, the parties specifically agree that the only competent courts, at the discretion of the plaintiff, are those of the head office of the contracting supplier or those of Pully (Vaud/ Switzerland), and that any litigation between the parties will only be governed by the laws of Switzerland.
July 2007
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