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General Terms and Conditions for .EU Partner Service

Last updated 19 Jan, 2021

This lease agreement (the “Agreement”) sets out the terms and conditions between You who is the owner of the Domain Name (the “Registrant”) as specified by the registration provider Fasthosts and (“Ittrust”) Ittrust Domain Services Limited whose registered address is at 2 Grand Canal Quay, Grand Canal Dock, Dublin, Ireland. Additionally, the registrar’s (“Tucows”) terms and conditions as well as applicable registry policies (“Eurid”) apply and are part of the present terms and conditions.

  1. Lease

    1. You shall lease the domain names from Ittrust, as set out in order on the terms and conditions provided by this Agreement.

  2. Term and use of the Domain Name

    1. The term (the “Term”) of this lease shall be for a period of 1 year and automatically renews for one year unless terminated by either party.
    2. Providing that You comply with Your obligations under this Agreement, You shall have the right to use the Domain Name in accordance with these Terms and Conditions contained herein.

  3. Obligations of ITtrust

    1. Ittrust undertakes to maintain the domain name You wish to lease, unless the domain is not renewed with Fasthosts or professional legal review shows the registration or the use of the domain name to be illegal or in conflict with the contractual agreements.
    2. Ittrust will permit You to use the leased domain name at Your own discretion.
    3. Any correspondence which is sent to Ittrust, for the attention of You, shall be forwarded to You via the Fasthosts account holders registered email address.
    4. ITtrust will only make decisions without prior consultation from You, if specific need for speed makes it impossible to wait for Your instruction or You fail to respond within the period set out in Clause 4.5.

  4. Your obligations

    1. You are responsible for managing the name servers for the leased domain name.
    2. You will ensure that the domain name and the content and services offered through the domain name do not infringe upon the rights of third parties.
    3. You shall comply with all applicable laws and regulations.
    4. You undertake to keep Your contact data with Fasthosts up to date at all times.
    5. You will process and reply to all correspondence forwarded by ITtrust, Fasthosts or the account holder without delay, and at least within 48 hours, unless a third party has set a shorter period or there is other specific need for speed. Specifically, You will comply with any notice set. In cases of specific need for speed, inaccessibility, or if a response within the period set by ITtrust is not possible, You authorise ITtrust to make any necessary decisions and take the relevant measures. This specifically covers deleting the domain because of actual or alleged violation of the law, stopping it from resolving or putting it under the administration of the Registry.
    6. You agree that any correspondences, which are sent via the Fasthosts account registered email address are deemed to have been received 1 business day after transmission.

  5. No monitoring obligation

    1. ITtrust does not check if the use of the domain name, the content or services offered through the domain name infringe prevailing law or third party rights. However, ITtrust is entitled to send notices to Fasthosts who will notify the account holder in case it determines that the domain name or content or services offered through this infringes prevailing law or third party rights. Should You fail to reply within three business days, ITtrust is entitled to suspend the domain, and/or terminate the ITtrust agreement or put the domain name under the administration of the Registry without prior notification or warning. This applies specifically to violations of criminal law

  6. Procedures for disputes with third parties

    1. If ITtrust receives any claim, demand, threat or legal proceeding arising out of Your use of the domain, ITtrust will promptly notify You via Fasthosts and the account holder.
    2. You must then state within the period set in Clause 4.5 whether You wish to defend against the third party claims. If You wish to defend against the claims, You must provide ITtrust with a financial security. The amount of the security will be determined at ITtrust’s sole discretion. The security must be paid in cash or guarantee by a European major bank or savings bank, and is used to secure ITtrust´s claims under the indemnity agreement in Clause 9.
    3. Ittrust retains the right to terminate this Lease Agreement upon five (5) business days’ notice, if You use the Domain Name in any manner which is not in compliance with any laws or regulations, subject to Your right to resolve any breach if such breach is curable, during the aforementioned five (5) day period.

  7. Term of agreement, termination

    1. The customer is entitled to terminate the agreement by removing the service from the Fasthosts’ control panel at any time and must specify an EU address or Citizenship in order to remain compliant with the Registrars’ terms and conditions and Registries’ policies.

  8. Liability

    1. Nothing in this agreement shall operate to exclude or limit either Party’s liability for:
      1. death or personal injury caused by its negligence; or
      2. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or fraud; or
      3. any other liability which cannot be excluded or limited under applicable law.
    2. Neither Party shall be liable under or in connection with this agreement or any collateral contract for any:
      1. loss of revenue; loss of actual or anticipated profits;
      2. loss of contracts;
      3. loss of the use of money;
      4. loss of anticipated savings;
      5. loss of business;
      6. loss of opportunity;
      7. loss of goodwill;
      8. loss of reputation;
      9. loss of, damage to or corruption of data; or
      10. any indirect or consequential loss,
    3. In each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in or caused by breach of contract, tort (including negligence), breach of statutory duty or otherwise.
    4. In the event that either party has any liability to the other party, either Party’s aggregate liability to the other party in respect of claims based on events in any calendar year arising out of or in connection with this agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the fees paid on Your behalf by Fasthosts for the services in this Agreement.

  9. Indemnity

    1. You shall indemnify and save harmless ITtrust against all damages, losses or liabilities which may arise in respect of Your use and operation of the domain name

  10. Other provisions

    1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales. No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
    2. This Agreement constitutes the whole Agreement between the parties and supersedes all previous Agreements between the parties relating to its subject matter. Each party acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement. Nothing in this sub-clause shall limit or exclude any liability for fraud.
    3. The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
    4. Each party shall bear its own costs and expenses in connection with the negotiation, preparation, execution, and performance of this Agreement and any documents referred to in it.
    5. Each party shall use all reasonable endeavours to procure that any necessary third party shall execute such documents and perform such acts as may be required for the purpose of giving full effect to this Agreement.
    6. If a provision of this Agreement (or part of any provision) is held to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this Agreement, and the validity and enforceability of the other provisions of this Agreement shall not be affected. If a provision of this Agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
    7. Fasthosts reserves the right to, with or without notice, change or update these Terms and Conditions, from time to time, to comply with law or to meet our changing business requirements.
    8. A person who is not a party to this Agreement shall not have any rights under or in connection with it.
    9. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
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