Special Terms of Sale and Use : Domain Name Retrieval

These are the Special Terms of Sale and Use : Domain Name Retrieval of Genious Communications S.A.R.L.
This document was last updated on 17 / 12 / 2020

Preamble

These Special Terms of Sale and Use (hereinafter referred to as “STU”) form the Agreement (“Agreement”) between Genious Communications and any person subscribing to Genious Communications’ Domain Name Retrieval service (hereinafter the “Customer”) and sets forth the terms and conditions of Your use of Domain Name Retrieval Service.

By using the Domain Name Retrieval Services, the Customer acknowledges that He has read, understand and agree to be bound by all the terms and conditions of this Agreement, and further agrees to be bound by the terms of this Agreement for transactions entered into by anyone who uses the account, whether or not the transactions were on the Customer’s behalf and/or authorized by Him.

1. Subject

The purpose of these Special Conditions and their Annexes, which supplement the General Conditions of Sale and Use of Genious Communications Services (GTSU), is to define the conditions for recovering the Customer's domain name.

These Special Conditions and their Appendices shall prevail over the General Conditions if a contradiction appears between these documents.

2. Conditions for the performance of the service

Genious Communications intervenes at the express request of the Customer. Any Order is preceded by a recommendation of Genious Communications, necessary to propose the most adapted Service. Thus, the Domain Name Recovery Service Order is exclusively made by returning a quote signed by the Customer to Genious Communications.

Genious Communications undertakes to advise the Customer on the most appropriate means to implement to carry out the Service, as well as the chances of success of the Service.

The Customer authorizes Genious Communications to conduct the UDRP Procedure in its name and on its behalf, in accordance with these Terms and Conditions.

Genious Communications complies with and enforces the Administrative Rules of Procedure and UDRP principles set forth by ICANN and WIPO. The Service consists of the case study, drafting, filing, follow-up of a complaint with WIPO, and if necessary, the inbound transfer of the domain name to Genious Communications in case of a favorable decision.

During the course of the procedure, and in accordance with the WIPO Supplementary Rules, translation fees and additional charges may be required to continue the procedure. In such a case, Genious Communications will request the Client's agreement by e-mail before proceeding with the continuation of the procedure.

At the end of the procedure, in the event of a favorable decision, the Customer is informed that the domain name holder has a period of ten (10) working days to take legal action on the basis of the WIPO decision. After this period, Genious Communications will contact the registrar in order to proceed with the transfer of the domain name to the Customer's portfolio. The effective transfer of the domain name into the Client's portfolio marks the end of the Service.

The Customer agrees that the Domain Name Recovery Service does not include support for any additional proceedings, such as, but not limited to, a judicial appeal of the UDRP proceeding, legal proceedings initiated by the defendant, any out-of-court, out-of-court or third party legal challenge to the decision of the arbitration center or against Genious Communications and/or the Customer. The Customer indemnifies Genious Communications against any recourse that would be undertaken against it in such cases.

3. Client's Obligations

The Customer undertakes to make available to Genious Communications and to communicate to it within the necessary time limits, all the elements indispensable to the performance of the Service (such as proxy documents, Copy of the RC, etc.). The Client acknowledges having received from Genious Communications all necessary information and advice and declares that he authorizes Genious Communications to carry out the UDRP procedure.

4. Obligations of Genious Communications

Genious Communications undertakes to implement all the means necessary for the proper execution of the Service and acts in compliance with the legal and regulatory provisions and the rules relating to the UDRP procedure.

5. Limitation of liability of Genious Communications

Genious Communications assumes an obligation of means and not an obligation of result. The Customer acknowledges that Genious Communications shall not be liable for the failure of the UDRP process, the delays of intervention of domain name holders, WIPO, and other service providers involved in the performance of the Service.

6. Financial conditions

The applicable prices are those mentioned on the quotation, excluding additional costs. Consequently, in the event of a change in price during the procedure, Genious Communications undertakes to send an updated quote to the Client. The signature of the estimate implies the acceptance of the price by the Client and the commitment to pay the Service. The Customer accepts that Genious Communications may revise the price of the Service subject to the present GTSU on an annual basis.