Terms and conditions

Article 1: Definitions

1.1 CANA Domains: Refers to our company, CANA Domains, which operates the website www.canadomains.com and sub websites and domains and provides domain registration, hosting services, and related products. From this point forward, CANA Domains can also be referred to as ‘us’, ‘we’, and ‘our’.

1.2 CANA Domains Website: Refers to the website www.canadomains.com, owned and operated by CANA Domains, where Clients can access information about our services, make purchases, and manage their accounts.

1.3 Subscription: Refers to the agreement between one or more parties, including CANA Domains and the Client, where the Client agrees to a contract for a specified time period to receive services from CANA Domains.

1.4 Terms and Conditions: Refers to this document, which outlines the terms of the agreement between CANA Domains and the Client regarding the use of our services.

1.5 Client: Refers to the person or company who contracts with CANA Domains for the provision of services, as outlined in this agreement.

1.6 Services: Refers to the services and products provided by CANA Domains to the Client, including but not limited to domain registration, hosting services, and any additional services offered by CANA Domains.

1.7 Materials: Refers to our websites, corporate identity, trademarks, logos, and any other materials owned or licensed by CANA Domains.

1.8 Agreement: Refers to the contractual agreement between CANA Domains and the Client, incorporating these Terms and Conditions, governing the provision of services and products by CANA Domains to the Client.

Article 2: Entering into the Agreement

2.1 Requesting Services: Clients can request our Services via our support team.

2.2 Agreement Creation: The Agreement is formed at the time of sending the (automatically generated or otherwise) email from us containing the confirmation and acceptance of the application.

2.3 Processing Agreement: Simultaneously with the conclusion of the Agreement, a Processing Agreement is entered into between us (in our capacity as Processor) and the Client (in its capacity as Controller), which is deemed to be an integral part of the Agreement.

2.4 Applicability of Terms and Conditions: Our General Terms and Conditions apply to the Agreement at all times. If the Client is a consumer, the Client has a period of fourteen days from the time the order was placed to terminate the Agreement in Writing and free of charge. Domain names are excluded from this because they are recorded on the basis of the Client’s specifications (customized) or are personal in nature.

Article 3: Execution of the Agreement

3.1 Fulfillment of Agreement: After the Agreement has been concluded, we will fulfill it to the best of our ability and with sufficient care and craftsmanship.

3.2 Quality and Availability: We will make every effort to achieve high-quality and uninterrupted availability of Services and associated systems and networks, and to provide access to data stored by the Client. However, we offer no guarantees about quality or availability, unless otherwise agreed in the quotation through a Service Level Agreement (SLA) designated as such.

Article 4: Obligations of the Client

4.1 Client’s Obligations: The Client is obliged to do everything that is reasonably necessary and desirable to enable timely and correct execution of the Agreement. In particular, the Client ensures that all information that we indicate is necessary or of which the Client should reasonably understand that it is necessary for the performance of the Services, is provided to us in a timely manner. The period within which we must execute the Agreement does not commence until all requested and required information has been received by us.

4.2 Informing Us of Measures: If the Client knows or suspects that we will have to take certain (additional) measures in order to fulfill our obligations, the Client will immediately inform us of this. This obligation applies, for example, if the Client knows or should have foreseen that an extraordinary peak in load on our systems will occur, which could in some likelihood cause unavailability of the Services. This applies even more if the Client knows that Services are also provided to others via the same systems that we use to provide Services to the Client. After warning, we will do everything we can to prevent unavailability of the Services. Unless expressly agreed otherwise in Writing, all reasonable additional costs incurred may be charged to the Client. The Client may under no circumstances use the Services for Applications with Increased Risk.

4.3 Permits and Permissions: If the Client requires any permit or other permission from government agencies or third parties for the specific use that it gives or intends to give to the Services, the Client must arrange for this to be obtained. The Client guarantees to us that it has all permits and/or permissions that are necessary for the use of the Services by the Client.

Article 5: Application for Domain Names

5.1 Applicable Rules and Procedures: Application, allocation, and possible use of a domain name are dependent on and subject to the applicable rules and procedures of the relevant registration authorities, such as ICANN.

5.2 Intermediary Role: We only play an intermediary role in the application and do not guarantee that an application will be honored. An invoice for registration costs is not confirmation of registration.

5.3 Confirmation of Registration: The Client will not receive a Written confirmation of registration from us; it is the Client’s own responsibility to check whether a domain name has been definitively registered in their name or on behalf of the Client.

5.4 Termination of Agreement: If a domain name cannot be registered in the name and/or on behalf of the Client, the Agreement will be terminated or dissolved immediately. We will issue a credit invoice to the Client for the amount already invoiced for the services not performed.

5.5 Liability for Failed Registration: We are expressly not liable for compensation for direct damage, indirect damage, consequential damage, lost profits, lost savings, and damage due to business stagnation that would result from a failed attempt to register a domain name.

5.6 Indemnification: The Client indemnifies and holds us harmless from all damage related to (the use of) a domain name on behalf of or by the Client.

5.7 Third-Party Registration: We are not liable for the Client losing its right(s) to a domain name or for the fact that the domain name is applied for and/or obtained by a third party in the meantime.

5.8 Compliance with Rules: The Client must comply with the rules that registration authorities set for the application, allocation, or use of a domain name.

5.9 Right to Make Domain Name Inaccessible: We have the right to make the domain name inaccessible or unusable, or to place it in our own name if the Client demonstrably fails to comply with the Agreement, but only for the duration that the Client is in default and only after a reasonable period for compliance has been set in a written notice of default.

5.10 Termination due to Breach of Contract: In the event of termination of the Agreement due to breach of contract by the Client, we are entitled to cancel a domain name of the Client subject to a notice period of two months.

Article 6: Prices

6.1 Exclusive of VAT, GST and Other Levies: Unless expressly stated otherwise, all prices mentioned by us are exclusive of value added tax, GST and other levies imposed by government authorities.

6.2 Adjustment of Prices: If a price is based on data provided by the Client and this data proves to be incorrect, we have the right to adjust the prices accordingly, even after the Agreement has already been concluded.

6.3 Rate Changes for Subscriptions: If the Agreement concerns a Subscription, we are entitled to change the applicable rates at any time. The same conditions and procedures apply for price changes as for changes to the Services and these General Terms and Conditions.

6.4 Conditions for Price Changes: The same conditions and procedures apply for price changes as for changes to the Services and these General Terms and Conditions.

Article 7: Payment Terms

7.1 Invoicing: We will invoice the amounts owed by the Client to the Customer. We issue electronic invoices.

7.2 Periodic Charges: We have the right to periodically charge amounts due prior to the delivery of the Services.

7.3 Payment Term: The payment term for an invoice is in advance, unless otherwise agreed in Writing.

7.4 Default: If the Client has not paid in full after 30 days following the payment term, they are automatically in default without notice of default being required.

7.5 Consequences of Default: If the Client is in default, the following consequences will apply:

– The statutory interest is due on the outstanding amount.

– The websites and other Materials hosted for the Client may be made inaccessible without further warning until the outstanding amounts, interest, and the like have been paid.

7.6 Restrictions on Client: Unless the Client is a consumer, an appeal by the Client to suspension, settlement, or deduction is not permitted. In the event that the Client fails to fulfill any obligation under the Agreement, we are entitled to take back delivered goods without any notice of default, in addition to suspension of Services, without prejudice to our right to compensation for damage, lost profits, and interest.

Article 8: Liability

8.1 Limitation of Liability: We are not liable for any damages in the context of the conclusion, fulfillment, or execution of the Agreement, regardless of the grounds on which an action for damages would be based, except if the damage is the result of intentional or conscious act recklessly.

8.2 Maximum Liability: If, despite Article 8.1, we are liable for any damage, this liability is limited to the (maximum) amount paid out by our professional liability insurance in the relevant case.

8.3 Limitation of Total Liability: If, for whatever reason, no payment is made under the insurance referred to in paragraph 2, our total liability for damage suffered by the Client as a result of an attributable shortcoming in the fulfillment of our obligations under the Agreement is limited to an amount equal to the total of the compensation (excluding VAT, GST or other taxes) that the Client will become liable to pay under the Agreement.

8.4 Exclusion of Certain Damages: We are expressly not liable for indirect damage, consequential damage, lost profits, missed savings, and damage due to business stagnation. We are also not liable for any shortcomings of third parties engaged by us.

8.5 Notice of Default: Our liability due to an attributable failure to comply with the Agreement only arises if the Client immediately and properly gives us notice of default in Writing, setting a reasonable period to remedy the failure, and we continue to attributably fail to fulfill our obligations even after that period. The notice of default must contain as detailed a description as possible of the shortcoming, so that we are able to respond adequately. The notice of default must be received by us within 30 days after discovery of the damage.

8.6 Client’s Liability: The Client is liable to us for damage caused by an error or shortcoming attributable to them.

Article 9: Automatic Renewal

9.1 Opting for Automatic Renewal: If the Client has opted for automatic renewal and has fulfilled the payment obligation, the Service will be automatically renewed for the same Subscription Period at the end of the agreed term.

9.2 Client Responsibility: The Client is responsible for checking whether automatic renewal of the Services has also taken place.

Article 10: Procedure after Termination

10.1 Data Deletion and Account Closure: After termination of the Agreement, as a result of cancellation or dissolution, we are entitled to immediately delete all stored data or make it inaccessible and to close all Accounts of the Client.

10.2 Data Deletion Process: Data stored for the Client is always deleted using a software ‘data shredder’ to make the deletion irreversible.

Article 11: Final Provisions

11.1 Validity: If any provision of these general terms and conditions proves to be void or is annulled, the other provisions will remain fully in force. From then on, we will enter into consultation in order to agree on a new provision with regard to the void or annulled provision, whereby the purpose and scope of the void or annulled provision will be taken into account as much as possible.

11.2  Transfer of agreement: We reserve the right to transfer the agreement with you in whole or in part to a third party, including the rights and obligations as stated in these general terms and conditions and, if applicable, other agreements. If you are a consumer, you have the option to cancel the agreement with effect from the date on which the agreement is transferred to a third party. If you wish to transfer the agreement to a third party, you will need written permission from us.