Agreement for domain registrations
Date: July 1, 2024
Please note:
The translated version of the contracts is provided only for convenience to help you read and understand our Spanish contract. These translation is not intended to create a legally binding contract and do not replace the legal validity of the Spanish contract.
In case of any dispute or conflict, the Spanish version of the contract and legal policies will always govern our relationship and take precedence over the terms in any other language.
Contract for Domain Registration
This document aims to define the Terms and Conditions for the provision by INWX of the necessary mediation services to request, on behalf of the Client or the person designated by them, the registration and/or transfer of a second-level Domain Name corresponding to any of the extensions published at any time on the website https://www.inwx.es/en/offer/domainrobot, as well as the form of remuneration from the Client to INWX for the service provided.
To complete the registration process, you must read, agree to, and accept the terms and conditions of this Contract, the conflict resolution policy, and any rules or regulations published or that may be published by INWX.
INWX is an ICANN-accredited registrar through an agreement between INWX and ICANN. You agree that INWX may modify these conditions if necessary to comply with its agreement with ICANN.
Identification of the parties to this agreement:
On one hand, the entity InterNetworX, SLU, NIF: ESB16663502, with its registered office at Avd. Republica Argentina, 31, 07200 Felanitx, (Illes Balears) Spain. Registered in the Mercantile Registry of Baleares, Volume 2847, Book 0, Folio 220, Section 8, Page PM-88434. (Hereinafter, “INWX”)
On the other hand, the contracting party (hereinafter, “Client” or “you”), a natural or legal person who completes the contracting form enabled for this purpose on the INWX.es website and who, by doing so, declares to freely know and accept, after being informed of the technical and economic characteristics of the service, these Registration Terms and Conditions.
These applicable registration conditions are made available to the client, who must accept them, at: https://www.inwx.es/en/aboutus/termsdomains, before requesting the registration of a domain name.
Domain Name Dispute Resolution Policy:
By requesting the registration of a domain name through INWX, You acknowledge being bound by the current ICANN Universal Domain Name Dispute Resolution Policy (UDRP), which can be found at https://www.wipo.int/amc/es/domains/gtld/udrp/. We will refer to this regulation as the “Conflict Policy”.
Any conflict regarding the right to use your domain name will be subject to the Conflict Policy. You agree to submit to the provisions of the Conflict Policy in case your domain name is contested by a third party. You also agree that, in the event the dispute arises from a third party, you will bear the indemnification and not hold INWX liable, according to the terms and conditions established in the Conflict Policy.
Registration Conditions:
- The client has the right to request unregistered domains in accordance with the terms of this contract and the conditions of the Registry https://www.inwx.es/en/offer/regpolicies, as applicable. The initial availability check of the domains is exclusively the client's responsibility. INWX cannot guarantee that the domains, which were available at the time of the client's request, will remain so at the time of actual registration by INWX.
- Domains are registered in the name of the client or a third party named by the client (end customer). As part of the registration process, certain information will be required, and it must be updated to keep it accurate and complete.
- You agree that deliberately providing incorrect or false information will constitute a breach of this contract and will be grounds for the cancellation of your domain name. If you authorize a third party to use a domain name, you will still be the registrant of the domain name and continue to be responsible for providing your complete contact information, as well as accurate and updated technical and administrative contact information.
- You agree that INWX may publish part of the information provided by you during the registration process if required by ICANN. Additionally, you accept that ICANN may impose rules, limits, and/or requirements regarding the amount and type of information that INWX may or must make available to private entities or publish on its website.
- The domain registration request is made through a technical platform provided by INWX, which requires you to register on the platform specifying a username (login) and a password. You are solely responsible for adequately protecting these access details to our technical registration platform and information regarding the status of the respective domain registration processing.
- Transfer requests outside INWX will not be billed separately to the client as long as the client processes the outbound transfer requests through the INWX web interface.
- The client expressly agrees to observe the registration / transfer / renewal / cancellation or deletion conditions applicable by INWX and by each Registry, and, if applicable, to obtain the corresponding authorization from the domain holder for any of these actions. INWX may request the client to provide proof of these circumstances.
- The domain owner is obliged to provide the registrar with accurate and reliable contact information. Changes to this information must be communicated to the registrar within seven (7) days of the change. Deliberate provision of false or unreliable information, as well as failure to communicate changes in a timely manner, may result in the suspension or termination of the domain registration. The registrant's failure to respond to the registrar's inquiries regarding the accuracy of the contact details associated with the registrant's registration for more than fifteen (15) days also constitutes a material breach of the contract and may be a basis for the suspension and/or cancellation of the domain registration. Registrants who license their domain to third parties remain responsible as domain holders for providing accurate contact information. They are responsible for damages caused by the illicit use of the domain unless they disclose the current contact details of the licensee within seven (7) days. The registrar informs the registrant about the purposes for which personal data is collected and how it is handled. The registrant consents to the processing of their data and informs and obtains the consent of third parties whose data is provided. The registrant ensures that the registration and use of the domain do not infringe the rights of third parties. The registrant accepts that the domain registration may be subject to suspension, cancellation, or transfer to correct errors by the registrar or the registry operator or to resolve disputes.
- INWX does not guarantee that the domains requested and assigned to the client or the final domain holder do not infringe the rights of third parties. If a client or domain holder is requested by third parties to transfer a domain because it violates third-party rights, the client must inform INWX and expressly submit, by accepting this agreement, to the Conflict Resolution Policy.
- INWX reserves the right to suspend or cancel your domain name if you use it to send unsolicited commercial messages, violating any applicable law or common Internet practices.
- This registration contract is entered into for an indefinite period, starting from the date the registration request is made on the INWX platform. Domains are implicitly renewed automatically, provided that the client pays in advance the corresponding amounts established in INWX's public price tariffs: https://www.inwx.es/en/domain/pricelist, either through the client's account or personal area or through any other payment method established by INWX. To this end, INWX will periodically send you a renewal report by email listing the domains to be renewed, their costs, the current account balance, and any credit limits you have set.
- Domain cancellations must be made before the corresponding renewal date for each domain. To do this, in the INWX client area, there is a "Renewals" function where you can manage domain renewals and cancellations at any time, as well as the available credit limit for each client. If the available credit is insufficient to automatically renew a domain, it will be canceled and available again for registration by anyone.
- The prices established for each domain or for any related actions (registration, renewal, transfer, or cancellation) must be paid in advance, considering the corresponding billing period in each case. If a domain is canceled or transferred before the end of its billing period, INWX will not refund any amount to the client.
- Right of withdrawal: In accordance with Spanish and European regulations for consumer and user protection, the client is informed, and expressly accepts, that given the characteristics of the contracted services, their personalization, and the automated procedures used, there is a simultaneity between the service request and the commencement of the contract's fulfillment. In this regard, once INWX has commenced the fulfillment of the contract or it has been fully executed, the client may not opt for the withdrawal of the contract provided for in the aforementioned regulations.
- Limitation of liability: In general, INWX will only be liable in cases where the registration or renewal is not carried out due to INWX's negligent action. The client expressly accepts that, in these cases, the maximum amount of damages attributable to INWX will be an amount equivalent to twice the annual registration fee for the domain in question, according to the applicable tariff list at any given time.
- For this reason, the client and/or domain name holder expressly waives any other liability, contractual or extracontractual, damages and losses to INWX for not obtaining the registration or renewal of the affected Domain Name, without prejudice to the exercise of legal actions that may correspond before the competent authority.
- This contract, together with all amendments or modifications that may be incorporated, constitutes the complete and exclusive agreement between the client and INWX, and supersedes any prior proposal, agreement, or communication. Changes or modifications to these registration conditions will always be made in writing and will be immediately published on the INWX website, with this publication being considered effective notification for all purposes to the client. Alternatively, INWX may send these changes to the client electronically to the email address used in the registration process.
- In the event that any section of this contract is deemed non-binding or invalid, it will not affect the validity of the remaining sections.
- Personal Data Protection: Regarding the personal data provided by the Client to INWX for the contracting and economic management of the Services and any related inquiries or communications, the Personal Data Protection Policy published at the following link: https://www.inwx.es/en/aboutus/dataprotection will apply.
The personal data provided by the client will be communicated to the competent National or International Registrant Authority or Body responsible for the registration of the Domain Name in question, with such communication being necessary for the execution of this contract. The applicant is obliged, for these purposes, to keep the information provided updated using the established procedure. These Entities will observe the provisions of the General Data Protection Regulation (EU Regulation 679/2016) in processing the client's personal data, without using it for purposes other than those provided in the regulations governing the allocation of domain names under the corresponding extension and in this contract. You are informed that the allocation of the domain name necessarily requires that the applicant's personal data be published in the publicly accessible Whois Database of each extension through the Internet. By accepting this document, the applicant consents to such communication and processing, including the publication of their personal data in the Whois Database of each extension. The rights of access, rectification, deletion, and portability of your data, as well as the limitation or opposition to its processing, may be exercised against INWX according to its Personal Data Protection Policy https://www.inwx.es/en/aboutus/dataprotection, or in the case of “.es” domains, before the entity Red.es as the data controller. In this specific case, the rights of cancellation and opposition can only be exercised after renouncing the requested domain name since the processing of personal data by Red.es is necessary for the allocation and renewal of the domain name. - Jurisdiction and Applicable Law: All disputes, discrepancies, controversies, issues, or claims arising from the interpretation, execution, non-compliance, termination, or nullity of these Conditions or related to them, directly or indirectly, will be resolved by applying Spanish law.
If necessary, the parties expressly submit, waiving any other jurisdiction that may correspond to them, to the Courts and Tribunals of Manacor (Balearic Islands, Spain) if the Client is a legal entity; and to the Courts and Tribunals corresponding to the Client's domicile if the Client can be considered a consumer or user according to Spanish legislation.