This Service Order (“SO”) is a substantial and integral part of the General Service Conditions of Swizzonic (“GSC”) available at the page https://www.swizzonic.ch/company/legal/general-conditions-of-service/?lang=en.
The GSC and this SO, along with the policies and procedures of the Registration Authority and ICANN, establish the terms and conditions for the provision of the Domain name management service (hereinafter the “Service”) by Swizzonic SA. (hereinafter ‘Swizzonic’) to the Client. The Commercial Offer published on the www.swizzonic.ch website or made known to the Customer through our sales channels and accepted by the Customer is an integral part of these terms and conditions ("Offer"). Words with the first letter capitalised used in this SO have the same meaning as defined in the GSC.
Art. 1 – DEFINITIONS
DNS (Domain Name System) is a specific coding system that is used to turn the domain name into a numerical IP address, thus allowing the contents associated to the domain name to reach the Internet.
Domain Registrant or Owner: person, company or entity that registers a domain name
Registrar: organisation authorised by the Registry to perform operations on the TLD domains for which they are accredited. The Client can verify the Registrar of a gTLD domain name by accessing the ICANN service available on this page: https://lookup.icann.org/ . To verify the Registrar of a ccTLD domain, the Client can identify the web address of the related Registration Authority on the page https://www.iana.org/domains/root/db, where they will find the search service Whois/RDAP for the individual RA.
Registration Authority (RA): national or international body responsible for establishing rules and procedures for the assignment of domain names and the management of registers and primary nameservers for the various TLDs.
RA rules: the policies and procedures relating to the individual extensions of interest to the Client, available on the following links: https://www.iana.org/domains/root/db and https://www.swizzonic.ch/company/legal/tld-gtld-policies/?lang=en
Local Service: the provision by Swizzonic of a local contact (Registrant, admin-c or correspondence contact) to the Client to allow the latter to register domain names in certain geographical areas when this local contact is requested to by the related Authority.
TLD: Top Level Domain, whether ccTLD or gTLD, e.g., .com, .net, .it.
Whois or RDAP: protocols used to offer the possibility to publicly consult the information on domain names registered with the RAs.
DNSSEC (Domain Name Security Extension): is a safety extension that allows us to check the authenticity and integrity of DNS requests, preventing “man-in-the-middle” type attacks or similar through a cryptographic digital signature system between the DNS and the Registration Authority (RA).
Art. 2 – DOMAIN NAME MANAGEMENT SERVICE
The Domain name management service consists in the provision of different types of services by Swizzonic to the Client, as provided for in the following articles.
2.1. General characteristics of the domain name management service
2.1.1. Depending on the TLDs, the individual operations on domain names can be done through the following sales channels: online, offline, Online Brand Protection, or Registry service (RLS):
(i) Online: the Client can forward the request independently, having registered on the website www.swizzonic.ch, in the specific area after accessing with their own credentials;
(ii) Offline: the Client will fill out a form on the website www.swizzonic.ch and will be contacted by a Swizzonic operator who will guide them or perform the required operation on their behalf;
(iii) Online Brand Protection (“OBP”): the Client will be assisted by a specific team which, after the signature of the OBP contract, will perform the required operations in the interests of the Client. The service features can be found in the OBP contract;
(iv) Registry Service (RLS): the Client, authorised by Swizzonic and after the signature of the Euromnt contract, can forward requests either via API calls to the domain management platform or using other procedures indicated by Swizzonic.
2.1.2. In any case, the Client acknowledges and accepts that, depending on the TLD indicated by the Client, Swizzonic may proceed to perform the operation directly with the competent Authority or via a third-party subcontractor. In this case the Client hereby accepts that Swizzonic will proceed to transfer the data of the Client, or the domain owner if different, either to the Authority or to the third-party subcontractor for the sole purpose of performing the required operations relating to the domain name and undertakes to accept the conditions of service of the third-party subcontractor, as well as the policies of the respective Registration Authorities.
2.1.3. For each extension and on the basis of the requested operation, the Client may contact Swizzonic for details of the applicable procedures.
2.1.4. These operations can be performed by Clients for themselves and/or on behalf of third parties, according to the terms envisaged in the GSC.
2.1.5. The order shall be deemed concluded only following confirmation by each RA and the subsequent confirmation notified by Swizzonic to the Client.
2.1.6. The Client acknowledges that the prices visible during the purchase procedure are not to be considered prices to the public, and may be subject to variations by the RA or the third-party subcontractor used to provide the services, and in the event of incompatibilities may lead to failure of the requested operation. If the order is not accepted by the RA or the third-party subcontractor used to provide the services, Swizzonic will reimburse the sum paid for the service that was not obtained.
2.1.7. If no contents are published by the Client, this will authorise Swizzonic to publish a Courtesy Page, which they will have the possibility to remove at their own discretion at any time, by accessing the control panel in the hosting area. The Client acknowledges that Swizzonic shall not provide any type of remuneration for activities related to courtesy pages.
2.1.8. If the DNSSEC service is made available by Register in relation to the domain Registered or a transfer-in on Register, the Client is aware that the choice of using the Register DNSs automatically activates the DNSSEC service for that domain when the registration or transfer (transfer-in) operations have been completed. The Client can check the DNSSEC service activation status and decide whether to autonomously disable it, in the specific section of their control panel.
2.1.9. The Client is aware that if they decide to set, where available, the DNSSEC service using authoritative DNSs other than those of Register, the correct configuration of the DNSSEC key with the RA (DNSSEC Key Management) is under their full responsibility, exempting Register from all other related responsibility.
2.2. Main services
The main services are: registration, transfer registrar, renewal, change of owner.
(i) Registration: The registration procedure allows the Client to obtain the availability of a domain name from the various competent RAs at the price indicated in the Commercial Offer and includes maintenance for a period of one year unless otherwise indicated by the Client (e.g., multiannual purchase) where available. The domain must be available and registrable according to the rules of the competent RA or third-party subcontractor used for the provision of the services.
(ii) Transfer Registrar: The Transfer Registrar procedure is used to transfer the management of a domain from one accredited Registrar to another, at the price indicated in the Commercial Offer. The domain for which this procedure is requested must be transferable according to the conditions imposed by the outgoing Registrar and/or the competent RA or third-party subcontracts used for the provision of the services. The service has the price indicated in the commercial offer and, unless otherwise indicated by the Client, includes domain maintenance for a period of one year.
(iii) Renewal: The application for the renewal of domain names to the various competent Authorities or third-party subcontractor used to provide the services, at the price notified to the Client, including maintenance for the period of one year unless otherwise indicated by the Client (e.g., multiannual renewal) where available, without prejudice to Art. 6
(iv) Change of Owner/Registrant: The Change of Owner/Registrant procedure is used to change the Registrant of a domain, at the price indicated in the commercial offer. Depending on the extension, this procedure may be done at the same time as the transfer registrar (e.g., for .it) or subsequently to the transfer registrar (e.g., for .com, .net, .org). The domain must be transferable to another registrant according to the rules of the competent Registration Authority or third-party subcontractor used for the provision of the services.
2.3. Additional services
2.3.1. If the Client intends to keep the domain name registered on the Swizzonic DNS, Swizzonic will offer the Client, included in the price, the additional services as indicated in the public offer on the website, https://www.swizzonic.ch/domains/, which are automatically available to the Client.
2.3.2. The use of the included e-mail service is subject to the terms and conditions of the E-mail services published on the page https://www.swizzonic.ch/company/legal/oos-email-hosting/?lang=en, which is considered an integral part of this Domain service purchased by the Client. The Client is aware that, proceeding with the purchase of the domain, they automatically accept the terms and conditions of the additional e-mail service selected.
2.3.3. The use of the disc space included is governed by the terms and conditions of the Hosting service, published on the page https://www.swizzonic.ch/company/legal/oos-domains-registration/?lang=en, which is considered an integral part of this Domain service purchased by the Client. The Client is aware that, proceeding with the purchase of the domain, they automatically accept the terms and conditions of the additional hosting service selected.
2.3.4. If, also during the relationship, the Client decides to transfer the domain to another Registrar or other domain manager-provider, or to use for the domain name an authoritative DNS other than Swizzonic, or if the domain is subject to reassignment or a dispute or a termination, the above-indicated services and related contents will be cancelled without the possibility of recovery. Therefore, Swizzonic invites the Client to periodically backup their own contents. It is also recalled that the Client is responsible for checking and disabling the DNSSEC service before proceeding to transfer the domain to another Registrar, or if they proceed to modify the DNSs with authoritative DNSs other than those of Register.
2.3.5. Before requesting the transfer of a domain from one billing to another or, if possible, a change of registrant of a domain on another billing, the Client is bound to check which services relating to the domain are subject to deactivation following the transfer or following the completion of the change of registrant. Swizzonic shall not be held responsible for any damage linked to disruptions or the cancellation of these services.
2.3.6. If the Client chooses the commercial offer called “Dominio Express”, where this service is made available by Swizzonic, the Client acknowledges that this service has limitations compared to the characteristics and functions described on the page https://www.swizzonic.ch/domains/, as better indicated in the offer for the Dominio Express service. Unless otherwise indicated to the Client, the ‘Dominio Express’ offer only allows the Client to manage the domain DNS, use the “Redirect” service (i.e. the possibility to redirect the domain to a chosen web space; the web space is not included in the Dominio Express offer), and a year of domain maintenance. If, during the domain maintenance period, the Client decides to proceed with a service upgrade from Dominio Express to Dominio All Included or another offer, against payment of the whole price of the new Offer, the Client may use the services provided in the new Offer until the expiry date indicated in the control panel.
2.4 Other Services
2.4.1. So-called “Premium” domains: when the availability of a domain name is requested online, the Client may be proposed other so-called “Premium” domain names. The Client accepts and acknowledges that these domains are not domains available for registration but belong to third parties; these may be purchased via our website: https://www.swizzonic.ch. Swizzonic therefore offers the possibility to transfer the ownership of these domains to the Client and at the same time change the Registrar, transferring them to Swizzonic management. The “Premium” domains are subject to a special cost which must be paid at the time of order, notwithstanding possible changes to the price in the period between the date of the order and conclusion of the purchase, finalised at the time of acceptance by the third domain owner. In this case, the Client will have the right to accept the new order by paying the difference in price paid or withdraw from the purchase with the right to receive a refund of any amounts paid. The Client acknowledges and accepts that the transfer of the domain is not immediate and may take several days for completion. If the transfer is not successful, the Client will be refunded the cost paid at the time of order for the purchase of the “Premium” domain.
When purchasing a so-called “Premium” gTLD domain, the Client authorises Swizzonic to perform the Change of Registrant operation on behalf of the New Registrant in its capacity as Designated Agent.
2.4.2 Domain Valuation: in the case of a domain valuation request, Swizzonic offers Clients the option of receiving an estimated value of domain names. The Client accepts and acknowledges that the domains subject to this service are not available for registration or transfer, because at the time of request they belong to third parties. The Client accepts that Swizzonic may also use third party suppliers to provide this service. The estimate provided by Swizzonic may not correspond to the market value of the domain name, or value attributed by the domain owner. It is therefore understood that the current owner of the domain may freely decide on a sales price. The Client accepts and acknowledges that this evaluation is in no way binding and that Swizzonic cannot be held liable for any inconsistency/error in the valuation/estimate of the domain name. After receiving the valuation, if the Client is interested in attempting a purchase of the domain name from the current owner, the client will have the option to request retrieval exclusively via our Online Brand Protection service, all details of which can be found on the web site page: https://www.swizzonic.ch . If the Client decides not to proceed with retrieval of the domain name, or if the procedure does not produce a positive outcome, the Client formally accepts that he/she has no right to any form of reimbursement or compensation.
2.4.3 Local Presence: The Client accepts and recognises that if they request the local presence service (for the purposes of this paragraph, also “Local Service” or “Local Presence”), this service may include, but is not limited to, the provision of a local admin-c and/or, where permitted, a local Registrant, depending on the extension. The Client accepts and recognises that the admin-c and/or the local Registrants will appear in the public Whois database and will have the corresponding prerogatives, as established by the competent Authorities. If Swizzonic offers the Local Service and, if the legal or out-of-court proceedings involving the said local contact for matters concerning the registered domain, the Client undertakes to reimburse the legal costs arising from the said proceedings. Furthermore, Swizzonic wishes to inform that the Local Service will not be provided if the domain is managed by a party other than Swizzonic. Therefore, if the Client wishes to transfer the domain to another Registrar, they undertake to provide the new local data (admin-c locale and/or the local Registrant). Under no circumstances shall Swizzonic be held liable for failing to consent to the transfer of the domain to another Registrar, if the Client has not first provided the new local contact data to Swizzonic. The Client acknowledges that these conditions relating to the Local Service may be integrated by agreements which on a case-by-case basis must be brought to the attention of the Client and signed with the individual service providers for the purpose of providing the service.
If the Client requests a change of owner on a domain with a Local Presence service, in providing the new ownership data undertakes to comply with the requirements laid down by the Authority, aware that the change of owner shall trigger the termination of the said Local Presence service.
Art. 3 - DOMAIN EXPIRY
3.1. The Client is the only party responsible for the renewal of the Domain within the expiry date. On expiry of the Domain, all associated services shall be disabled and the related contents present shall be deleted (hosting, any e-mail addresses, etc.). The Client accepts and recognises that once the Domain is expired they lose all related rights thereon.
3.2. For the gTLDs for which Register S.p.a. (IANA ID 168, indicated on Whois/the domain RDAP) is the Registrar of the domain, Swizzonic may offer the Client the possibility to renew the domain for 20 days following the expiry date, during the so-called “Expiration Period”, where this is permitted by the RA rules. In any case, the Client shall pay to Swizzonic the costs and any further expenses for the delayed renewal and complete the renewal procedure within the above-indicated time. The Client acknowledges and accepts that Swizzonic does not guarantee the success of the domain renewal during the said Expiration Period.
3.3. During the Expiration Period, Swizzonic may publish a courtesy page advertising the Client’s Domain. Swizzonic shall not pay any type of remuneration to the Client for activities related to courtesy pages.
3.4. At the end of the Expiration Period, the domain shall be placed in “Redemption period” status. In this case, the Client will have the possibility to recover the Domain, paying the related costs and any additional expenses. If the Domain is not recovered by the Client during the Redemption Period, it will be deleted by the Authority and will be available for registration by anyone. Swizzonic declines all responsibility if the Domain is registered by any other third party. The Client is the only party responsible for the failure to renew the Domain in the set times and for all related consequences.
3.5. For the gTLDs for which Register S.p.a. (IANA ID 168, indicated on Whois/domain RDAP) is the Registrar of the domain, where permitted by the RA rules, on expiry of the Expiration Period the Client formally accepts that Swizzonic reserves the right, at its sole discretion, either to:
A. transfer the ownership of the expired Domain in its own name or in the name of one of the companies in its own Group and to renew the domain in its own name. The Client therefore accepts that Swizzonic or one of the companies in the Swizzonic Group becomes the Registrant of that domain, obtaining all the corresponding rights. Only in this case, Swizzonic will offer the Client a further possibility to request the domain back within 90 days following the original date of expiry, paying the cost of this operation. In this case, Swizzonic will transfer the ownership of the Domain back to the Client. At the end of this additional period of 90 days, if the Client does not exercise this right, they will have abandoned the Domain, and waive all interest in using this domain name; or
B. renew the expired Domain at the expense of Swizzonic, without changing the Whois data, having received the explicit approval of the Client. In this case, all the Services associated to the Domain (hosting, e-mail, etc.) will be disabled, and Swizzonic may publish a courtesy page advertising the Client’s Domain. Swizzonic shall not pay any type of remuneration to the Client for activities related to courtesy pages. The Client will remain the owner of the domain, and during the period in which the domain remains active on Swizzonic they may manage it again, paying the renewal, at the conditions and the prices applicable at the time of the Client’s request.
The Client formally accepts that the choice of adopting one or none or the above options is at the sole discretion of Swizzonic. The Client waives all rights of objection or claims in this sense.
3.6. For the ccTLDs, the process of expiry and release of the Domain shall conform to the rules established by the related RA.
Art. 4 –POLICIES AND PROCEDURES
4.1. With reference to the domain name extensions, before proceeding to request an operation on a domain name, the Client undertakes to know and comply with the terms and conditions, standards, policies, procedures and practices laid down by ICANN (www.icann.org), the related RA, the Registrars, the subcontractors used for the provision of the Service, which can be consulted on their websites, the address of which can be found also at the link http://www.iana.org/domains/root/db as well as on the Swizzonic page https://www.swizzonic.ch/company/legal/tld-gtld-policies/?lang=en.
4.2. Without prejudice to the terms of the GSC, when requesting services for Third Parties, the Client declares that they have provided the registrants with the links to the above-mentioned pages and undertakes to ensure that the registrants accept the policies, rules and procedures laid down for the requested operations as well as the conditions of ICANN, the RAs, the Registrars and the subcontractors used for the provision of the Service.
4.3. The Client undertakes to check the terms and conditions of each extension before proceeding to request the purchase of one of the services related to a domain name. In the event of failure by the client to meet the requirements of suitability for registration and/or maintenance and/or transfer of the domain name/s, the same client shall not be longer entitled to reimbursement of the paid sum. Swizzonic, only in the case that the service was not charged by the RA, shall allow the Client to order another domain name or purchase another service, with the same price as the service initially ordered, in the case that it was not possible to conclude the previous order due to causes not attributable to Swizzonic.
4.4. Furthermore, the Client undertakes to perform the activities requested for the domain name management service, which may differ depending on the extension and which will be notified to the Client during the order processing. Sometimes these operations may require the Client to perform some procedures requested directly by the competent Authorities or the third-party subcontractors used by Swizzonic; the failure to perform these, or their performance beyond the set deadlines, or not in line with the methods provided for in the regulations of the individual Authority or third-party subcontractor, may prevent the successful outcome of the operation. Under no circumstances shall Swizzonic be responsible if the Client has not performed the activities requested by Swizzonic within the specified time frame. In this case, Swizzonic reserves the right to withhold the amount paid by the Client when purchasing the service. Furthermore, the Client acknowledges and agrees that these terms and conditions, standards, policies and procedures are subject to changes by the RAs and/or third-party subcontractors used for the provision of the Service, which the Client also undertakes to comply with.
4.5. The Client declares that they are aware that a domain name may be considered assigned only when the applicant is indicated as Registrant of the domain in the public database of the competent RA. Until that time, there is no certainty of the outcome of the procedure. Swizzonic, or the party appointed by it, proceeds to request the domain name management service, strictly complying with the chronological order of the requests received, provided these are accompanied by a valid payment order. For this purpose, Swizzonic has established a procedure from which the date of receipt of each request is unambiguously confirmed. Swizzonic therefore cannot ensure that the operations on the domain names are sent no later than a set number of days or that the requests are successful: it can only ensure that it, or the party appointed by it, does all that it is requested to do, in working days and during working hours, complying with the chronological order of the requests received. Swizzonic also declares that in the case of payment by postal order or any other deferred method, it will proceed to validate the payments on receipt of the proof of payment, therefore it cannot be held responsible if the domain for which the operation is requested, is meanwhile no longer available at the competent Authority.
4.6. The Client acknowledges and undertakes, in accordance with the ICANN policy, to keep track of the date and time of the Registration of the domain name and to provide proof thereof on request by the Registrar or Authority.
4.7. Unless otherwise authorised in writing, the Client and Registrant undertake to not use the logos, brands and distinguishing signs of ICANN, Swizzonic, the ICANN-accredited Registrar, or subcontractors used for the provision of the Service. In addition, the Client and the Registrant explicitly undertake to not be qualified as Registrars.
4.8. In relation to certain domain names, the related RA can reserve the registration of the domain name exclusively for subjects (owners or admin-c) with a local permanent place of business established in the forms required by the laws of the jurisdiction where the RA in charge of registration has its headquarters. For this purpose, the Client shall provide all the information concerning the organisation of the domain owner, with a clear indication of any secondary offices and/or local places of business qualified for registration.
4.9. The Client is informed, and acknowledges, that some domain names are reserved and as such cannot be assigned, including geographical domain names and those reserved for the Public Administration. Furthermore, pornographic, blasphemous or illegal domain names, or in any case those not permitted by the RA, may not be assigned. When requesting registration, therefore, the Client acknowledges and accepts that the competent RA will not assign, or will delete such domains, exempting Swizzonic, the Registrar and the RA of all responsibility in this regard, and is hereby authorised by the Client, in such situations, to not refund the amounts paid by the Client for the registration of these domains.
4.10. In any case, the Client is exclusively responsible for correctly entering or notifying (offline/OBP operations) all the information required by the RA and/or by Swizzonic during the registration, transfer and change of data procedures, and consequently, in the event of errors which may, at the full discretion of the Authority, lead to the impossibility to register or delete the registered domain, no responsibility may be assigned to Swizzonic.
4.11. The Client is informed that some RA require that the Registrar maintain on its own server the log files required to identify the operations performed by the Client, and that such data may be transferred to ICANN, the RAs and/or the Registrar, at their request, for the checks they are responsible for.
4.12. In the event of activities performed by the Client on behalf of third parties, the Client declares and guarantees that they have obtained all the authorisations required to perform any operation on the domains provided for in this SO on their behalf, also with reference to the laws in force concerning the protection of personal data. The Client also accepts that the domain ownership data will be notified to the RAs and third-party providers used by Swizzonic and which will appear in the Whois/public RDAP database of the domain name RAs, according to the individual specifications of the various RAs. The Client may consult the privacy policies of the individual RAs to check the methods of treatment adopted by each one. If the Client acts on behalf of third parties or end users, they undertake to comply with all the laws in force concerning the protection of personal data. The Client holds all responsibility, and holds Swizzonic and the Registrar of the domain fully harmless in this regard.
4.13. The Client acknowledges and accepts that the Registrar and/or the RAs are bound to archive, at the ICANN-accredited companies for the Escrow services, a copy of the gTLD domain registration data.
The Client therefore acknowledges and accepts, exempting Swizzonic, the Registrar and RAs of all related responsibility, that the Registrar and/or the RAs shall proceed to deposit a copy of the gTLD domain ownership data at the aforementioned company.
Swizzonic informs that for the gTLDs for which Register S.p.a. (IANA ID 168, indicated on Whois/domain RDAP) is the Registrar of the domain, the copy of the data required to register a domain name is deposited in Escrow at the company NCC Group Software Resilience (NA) LLC (previously Iron Mountain Intellectual Property Management Inc), accredited by ICANN.
4.14. Furthermore, the Client declares that they were authorised to use the Auth-info code received from the domain Registrant and therefore that they are authorised to perform the related domain management operations in their name and on their behalf. The Client therefore declares that they hold Swizzonic, the Registrar and the domain RA harmless in relation to any request that may be made by third parties in this regard. Finally, the Client is aware and explicitly authorises Swizzonic and the Registrar to send notifications to the Registrants regarding the service or similar services. In this context, the Client is informed and accepts that the Registrants will be informed of the domain Registrar.
4.15. In the event of domains managed on behalf of third parties, the Client undertakes to indicate the domain Registrar at the request of the Registrant.
4.16. All events connected to or subsequent to the registration of the domain name are subject to the Rules and Technical Procedures in force at the time at which the operation requested by the Client is processed.
4.17. Change Registrant Procedure (gTLD domains managed by ICANN):
4.17.1. The Client acknowledges and accepts that any variation regarding the name, surname, Organisation/Company and/or the email address of the Registrant of a gTLD domain managed by ICANN, will be subject to the procedure outlined below, in compliance with the provisions of the relative ICANN policy (https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en) (“Policy”).
- “Change of Registrant”: refers to a substantial change to the following data:
• Registrant name;
• Registrant organisation;
• Registrant e-mail address;
• Administration Contacts, if there is no email address of the Registrant;
- “Substantial Change": refers to a change that is not a mere typographical correction to a Name, Surname, Organisation or any change to the email address;
- “Current Registrant": refers to the entity or person who registered the domain name at the time of the request for Change of Registrant.
- “New Registrant": refers to the entity or person to whom the Current Registrant requests to transfer ownership of the domain name.
- “Transfer Lock Period”: refers to the period of 60 days as of the date of completion of the Change of Registrant procedure, during which the domain may not be transferred to another Registrar.
For Change of Registrant requests Swizzonic or the Registrar will receive the authorisation to proceed from the current and from the new registrant.
The New Registrant undertakes to accept the Registrar’s Registration Agreement, available at the following address: https://www.swizzonic.ch/company/legal/oos-domains-registration/?lang=en, or, for domains managed via a Registrar other than Swizzonic, at this address: https://www.swizzonic.ch/company/legal/tld-gtld-policies/?lang=en.
The current Registrant declares that they are aware of the fact that, exempting Swizzonic and the domain Registrar of all related responsibility, if they intend to transfer the domain to another Registrar, they shall perform the transfer registrar operation before the Change of Registrant in order to avoid the Transfer Lock Period.
The Registrar will send a notification by e-mail to confirm the Change of Registrant, both to the New Registrant and the Current Registrant, within 1 working day from the date of completion of the Change of Registrant procedure, specifying the domains subject to the Change of Registrant request and a contact address for possible clarifications.
4.17.4. The above-described procedure may be waived according to instructions from Swizzonic and replaced with another procedure brought to the attention of the Client following the request.
4.18 Disputes over the assignment of domain names:
Swizzonic informs the Client that, in the event of disputes relating to the assignment of domain names, the general rules of the respective competent RAs shall apply. For disputes relating to the assignment of all TLDs for which the competent Authority has signed up to the policies laid down by ICANN, the Uniform Domain Name Dispute Resolution Policy (UDRP), which can be consulted at http://www.icann.org/udrp/udrp.htm shall apply.
In the event of disputes concerning the use of a domain name, the Registrant undertakes to cooperate fully and appear before the courts of the domicile of the Registrant and the headquarters of the Registrar, as well as before any other competent jurisdictions. Furthermore, the Registrar shall comply with the Uniform Rapid Suspension ("URS") procedure or substitute procedure, as well as any other dispute settlement procedure applicable, as requested by the Registration Authorities.
Art. 5 - CLIENT DATA
5.1. The Client (Registrant or Applicant) shall provide Swizzonic with the details of the following contacts of the Registrant precisely and reliably: name and surname, postal address, a functioning and monitored e-mail address used by the Registrant, telephone number and fax number if available. Furthermore, they shall provide the names of the primary and secondary servers, as well as the name and surname, postal address, functioning and monitored e-mail address, telephone number and fax number if available of the technical and administrative contact person. If the Registrant is a company or an association, Swizzonic shall also be provided with the company or association name, the VAT no. and the name of a person authorised to be contacted on behalf of the legal entity.
5.2. The Client undertakes to maintain the above-indicated data, whether it refers to the Client or to any third parties in the name of and on behalf of whom the Client is entitled to act, always updated, and in the event of any changes thereto, to promptly update them in any case within 3 days.
5.3. Swizzonic has the right, at any time, to request confirmation from the Client and/or check the reliability of the data provided or request confirmation from the Client that the data remain updated, also with reference to the third-party data provided originally by the Client. If the Client voluntarily enters inexact or unreliable information, or does not update the data within 3 days following any changes or does not reply to a reliability request within 5 days, Swizzonic has the faculty to suspend the service and to suspend and/or delete the domain name, as this conduct constitutes a contractual breach by the Client. Swizzonic, in compliance with the provisions of the laws in force on the protection of personal data, also has the right, at any time, to request confirmation from the Client that the data are updated, also with reference to the third-party data provided originally by the Client.
5.4. Without prejudice to the above, the Client will be liable to Swizzonic and to any third parties, explicitly holding Swizzonic, the Registrar and RA harmless of any detrimental consequences that may arise from the failure to comply with the provisions of this article.
5.5. Any Registrant who intends to grant the domain name for third-party use shall in any case remain the Registrant and will be responsible for providing their complete data and maintaining the technical and administrative contact updated in order to facilitate the resolution of any problems relating to the domain name. The Registrant granting a domain name for use in accordance with these provisions shall be responsible for any unlawful use of the domain name, unless they disclose the identity and contact data of the licensee within 7 days to the party providing proof of the crime.
Art. 6 - ADDITIONAL OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES
6.1. Swizzonic undertakes to provide the Service in compliance with the provisions of this Service Order and in the documents referred to therein, without any liability beyond that which is explicitly established therein.
6.2. Within the limits imposed or arising from imperative legal requirements, Swizzonic shall not be liable towards the Client, the Registrant or third parties for direct and indirect damage or prejudice suffered by them (including but not limited to any actual loss of earnings, profit, business, or reduction in value and/or similar losses, or the loss of goods/value or the loss of domain names, or the loss of contracts, loss of use, loss or compromise of data and information, damage to hardware, software or databases, or any type of special, indirect or consequential damage or economic losses generally) caused by or linked to the provision of the Services or the performance of this Service Order, without prejudice to cases of intent or gross negligence directly attributable to Swizzonic. The contractual liability of Swizzonic is in any case limited to the price paid by the Client for the purchased Service. The limitations of liability laid down in the SO also cover the Registrar, the domain RA, to the maximum extent permitted by law.
6.3. The Client is informed that if, at the time of registration, they do not use the Swizzonic DNS but their own DNS, the DNS will be configured under their own responsibility and at their own expense, and that in the event of an incorrect configuration, the Authority may proceed to delete the domain 30 days after its registration or to restore, without notice, of the DNS and/or any configurations previously present.
Generally, it is also reminded that the RA, in the event of the incorrect configuration of the DNS, may not allow the requested operation to be completed. The Client is therefore responsible for the exact configuration of the DNS.
6.4. During the Change of Registrar and/or Owner/Registrant procedure, the Client may decide whether to maintain the current DNS at the time of the request or move to those of Swizzonic. This operation is included in the price established for the service. Swizzonic will inform the Client that to complete the procedure for Change of Registrar and/or Owner/Registrant at least 5 (five) working days are required from receipt of the request and any information and/or documents required to complete the operation.
6.5. In the event of a transfer-in, the Client declares that they are aware that it is possible that there may be discontinuity in the resolution of the DNS and/or the operation of the services related to the domain, such as the e-mail or hosting service. The Client is advised to take all appropriate steps to minimise any disruption, also checking the services related to the domain to be transferred and the applicable procedures with the old and new provider. In particular it is recalled that the Client must check and if required disable the DNSSEC service before proceeding to transfer the domain to Register if they select Register as the authoritative DNSs.
6.6. Swizzonic shall not be deemed liable for any delays or disruptions reasonably beyond its control and which are attributable to the procedures of the RAs or the work of other Registrars or operators involved in the transfer process and/or the management of the operations requested by the Client.
6.7. Swizzonic’s activity therefore consists in transmitting the Client’s request to the competent bodies in charge of managing the requested operation. The Client therefore declares that they are aware that Swizzonic is not able to ensure the registration and/or the change of Registrar and/or the change of Owner/Registrant of the requested domain name (obligation of result), but can only ensure that all due diligence will be used to ensure that the requested domain name management services are transmitted to the bodies in charge of managing the request for registration and/or change (obligation of means). The Client is aware that Swizzonic could, for such requests, incur costs whatever the successful outcome of such actions. Therefore, the Client hereby accepts that in the event of a negative outcome of the requested operation due to causes not attributable to the work of Swizzonic, they have the right to refund of the part exceeding any costs incurred by Swizzonic.
6.8. Swizzonic reminds that, for the purpose of the successful outcome of the registration and/or Change of Registrar and/or Owner/Registrant of the domain, the data entered in the registration and/or change procedure (and in all the required documentation), must be complete with all required data and coincide with what indicated by the Client when purchasing the service.
6.9. The Client is also aware that the operation requested by them may be refused or not accepted, or subject to subsequent cancellation by the Authority (e.g., due to failing to meet the requirements, in the event of reserved domains, or at the discretion of the RAs); that the request may not be successful for technical problems, delays linked to the procedures of the respective competent Authority etc. In the event of a request for Change of Registrar, the Client is informed that if by mistake they notify to Swizzonic data (particularly the name and surname or company name in the case of a company/organisation; e-mail address of the owner or admin-c) that is even slightly different from that notified previously, the Change of Registrar procedure could be blocked by the RAs. In this situation, in order to avoid the procedure being blocked, the Client hereby authorises Swizzonic to proceed to notify to the RAs the exact data resulting from the Whois register/public RDAP where available.
6.10. The Client acknowledges and accepts that, if, during the relationship, the domain is transferred to another Registrar, Swizzonic shall not be bound to refund to the Client all or part of the payment or any other sums.
6.11. Swizzonic shall also not be in any way liable for the correct assignment of the expiry date of the domain name, which depends on the rules of the related RA.
6.12. The Client acknowledges that Swizzonic reserves the right to process the domain renewals with the respective RAs or third-party subcontractors used for the provision of the service at the time of expiry of the domain as resulting from whois, or when the order is concluded and paid by the Client. In any case, the Client acknowledges that the date of expiry of the domain name is that indicated on whois/the RDAP of the RA, even where there is a difference between the latter and the date indicated on the Swizzonic control panel.
6.13. If the Client has opted for a multiannual registration/renewal, Swizzonic shall have the right to register/renew the domain directly for the number of years requested by the Client or at the time of the respective annual expiry dates until the last expiry requested by the Client.
6.14. If the Client proceeds with a transfer out to another provider, they shall be bound to check the effective date of expiry of the domain, consulting whois/RDAP and if such expiry does not coincide with the last term for the multiannual renewal, they shall have nothing to claim from Swizzonic in relation to the payments made.
6.15. The Client declares that through the registration and/or use of the domain name they do not breach any third-party copyright or industrial property rights. Swizzonic may request, at any time, also via e-mail to the Client, documentation proving the ownership and/or the availability of the domain names for which they request registration and, in any case, if it becomes aware of any breaches of third-party rights, Swizzonic may suspend the service, without prejudice to the full payment of the price and notwithstanding the right to compensation for damages.
6.16. The Client and the Registrant undertake not to use the Services for illicit purposes and not to violate in any way any applicable national and international standards or regulations. In the event of breach, Swizzonic reserves the right to suspend or interrupt the Client's access to the Services and/or suspend or revoke the registration of the registered domain. The Client and the Registrant acknowledge and accept that it is forbidden to perform illegal acts, including but not limited to the distribution of malware, unlawful management of botnets, phishing, pharming, acts of piracy, breach of trade marks and copyright, fraudulent or misleading practices, counterfeiting, the policies of the Registrar and the RA, or in any case be involved in activities that are in contrast with the laws in force. The Client and the Registrant also undertake to not breach the provisions of Art. 78 of IVASS Regulation No 40/2018 and amendments.
6.17. The Client and the Registrant acknowledge and accept that Swizzonic, the registrar and the Registration Authorities also reserve the right to deny, delete, redirect or transfer any registration or transaction, or amend the data of the Registrant which are inexact or incomplete, or put any domain name in registry lock, hold or similar state, as deemed necessary, at their sole discretion: (1) to comply with the specifications adopted by any industrial group generally acknowledged as authoritative in terms of the Internet (e.g. RFC), (2) to correct any errors made by Swizzonic, the Registrar, the RA or their subcontractors used for the provision of the service in relation to the registration of a domain name, or (3) if the amounts due are not paid; and (4) to protect from imminent and substantial threats to the security and stability of the register TLD, the system, the operations, the nameservers, the Internet, Swizzonic, the Registrar, the RA or their subcontractors used for the provision of the service (5) to ensure compliance with the applicable law, governmental laws and regulations, or in conformity with any legal order or summons of any government, administrative or governmental authority or court in the competent jurisdiction or following any dispute settlement process, or (6) to stop or prevent any breach of any term or condition of this agreement, the contract between Swizzonic and the RA, the contract between Swizzonic and the Registrar, as well as the contract between the aforementioned bodies and their subcontractors used for the provision of the service, or the contract between the RA and ICANN or (7) if the Registrant is not able to maintain current and accurate registration contact information or (8) if the use of the domain name breaches the general policies of Swizzonic, the Registrar, the RA (e.g. Acceptable Use Policy) or Third party rights or acceptable use policies, including but not limited to the breach of any copyright or trade mark, (9) to avoid any civil and criminal liability of Swizzonic, the Registrar, the RA or their subcontractors used for the provision of the service, as well as their affiliates, subsidiaries, officers, directors or employees or (10) in all other cases provided for by this Contract.
6.18. The Client and the Registrant acknowledge and accept that Swizzonic, in conformity with the Policies, may also reject or cancel any request relating to an operation on a domain name if (i) the Registration Agreement between the Client and Swizzonic is no longer in force; or (ii) the operation was not authorised by the Registrants; or (iii) the domain name is subject to a dispute before competent Authorities (for purposes of example, such as UDRP procedure, URS procedure, TDRP procedure).
6.19. To the greatest extent permitted by the law, the Client and the Registrant declare that they will indemnify, defend and hold Swizzonic, the Registrars and the Registration Authorities, their affiliates and subsidiaries, their subcontractors, their owners, directors, officers, employees, agents, service providers and affiliates harmless of all claims, damages, liability, costs and expenses, including reasonable legal costs (also in the appeal court) and all costs deriving from or relating to, for any reason, the registration of the domain name by the owner of the domain name, including, but not limited to, the use, registration, extension, renewal, cancellation and/or transfer thereof and/or the breach of any applicable terms and conditions governing the registration. The Registrant and the Client acknowledge that they shall not undersign any transaction or agreement relating to the aforesaid indemnities without the prior written consent of the Registrar; such consent may not be unreasonably denied. The aforesaid indemnity obligations shall survive any termination or expiry of this SO for any reason.
Art. 7 – DURATION, TERMINATION AND WITHDRAWAL
7.1. As indicated in the previous articles, this SO involves the performance of activities relating to one-off services (“One-Shot services”) and activities which, vice versa, are performed over time (“Duration Services”).
7.2. In the case of One-Shot Services, this SO shall expire, without prejudice to the Client’s obligation to pay the amounts, at the end of the activity, while for the Duration Services this SO shall have an annual duration or, where available for purchase over several years, on a multiannual basis, depending on the option chosen by the Client during the purchase.
7.2. It is understood that any early termination of the contract prior to its natural expiry (annual or multiannual, depending on the duration chosen by the Client during the purchase), by the Client for reasons not attributable to Swizzonic, shall not give the right to a refund, reimbursement or indemnity to the Client for the period in which they did not use the services.
7.3. Refer to the General Conditions of Service for information on services renewal.
7.4. The renewal process by the RAs may require technical times which vary according to the extension, and therefore the Client is bound to comply with the renewal times indicated by Swizzonic.
7.5. It is recalled that in the event of the failure to renew the contract, in the forms and within the terms indicated above, on expiry the services will be deactivated and the related contents present will be deleted.
7.6. Without prejudice to any other reasons for termination of the contract provided for in the GSC and those provided for or recalled in the articles of this SO, the Client acknowledges and accepts that the cancellation of the domain, and the transfer of the domain to another Registrar and/or another domain manager other than Swizzonic, shall lead to the automatic termination of this SO, and the consequent deactivation and cancellation of all the services associated with the domain. No refunds, compensation or indemnities shall be paid to the Client for the period in which they did not use the Service.
7.7. The Client acknowledges and accepts that Swizzonic may in any case and at any time withdraw from this contract, sending written notice to the Client to the e-mail address provided at the time of registration, at least 30 days in advance, without prejudice to the pro-quota refund of the amount paid in advance by the Client in proportion to the contractual period not enjoyed due to the early withdrawal of Swizzonic.