This Service Order ("SO") is a substantial and integral part of the General Service Conditions ("GSC"). The GSC and this SO establish the terms and conditions for the provision of the Private Registration of Domain Names service (hereinafter also the “Service”) by Swizzonic to the Client. Words with the first letter capitalised used in this SO have the same meaning as defined in the GSC.
The commercial offer for the Service published on line on the website of Swizzonic https://web.swizzoni.ch/domains) (hereinafter the “Offer”) is an integral part of these conditions.
Art. 1 - Object of the Service
By signing up to the Private Registration Service of Swizzonic, the Client authorises and explicitly appoints Swizzonic to publish alternative data and information to that of the Client’s data and information on the WHOIS/RDAP database. In particular, this alternative information will be indicated in the data fields Registrant, Administrative and Technical Contacts, fax number and NIC Handle associated to the Client’s account in relation to the applicable domain name.
The Price of the Service is that indicated in the Offer available on the page: https://www.swizzonic.ch/domains
The Client using the Private Registration service declares that they are aware of and fully accept the conditions of the Domain Name Management Service Order, which is a substantial and integral part of this SO, available at the address https://www.swizzonic.ch/company/legal/oos-domains-registration/?lang=en (hereinafter also “Domain SO”).
Also for domains with Private Registration service, the Client undertakes to provide Swizzonic with accurate, complete and reliable data on the registrant, admin-c and tech-c and to promptly notify Swizzonic of any variations, in any case within 3 calendar days of the change.
The Client shall promptly respond to Swizzonic in relation to their requests for checking and validating the ownership data provided, in any case within 5 calendar days.
The Client acknowledges and accepts that Swizzonic has the right to terminate this SO if the Client does not respond or does not update the data within the deadlines indicated above.
Failure to promptly update the data shall be considered a breach of this Service Order and shall lead to the termination of the Service.
In the event of a request from Swizzonic to check the domain ownership data, the Client declares that they will promptly provide the documentation necessary to identify the registrant, in order to validate the domain ownership data.
The Client is informed that they may view their own data on the Swizzonic control panel and may decide, at any time, to transfer from the Private Registration service to the normal registration service, with their data consequently published on WHOIS/RDAP.
Art. 2 - Methods of provision of the Service
The Service is available for the domain extensions indicated on page: https://www.swizzonic.ch/domains.
With the exception of the extensions .ch and .li, governed in Art. 2.1 below, for all other extensions for which the Service is activated, the Client authorises Swizzonic to receive notifications on behalf of the Client and to manage them as described below:
(i) e-mail address: a private e-mail address will be created and associated to the Client’s domain name; this address will be automatically changed every ten (10) days and the change will be published in the WHOIS/RDAP database. The messages received at the e-mail address published in the WHOIS/RDAP database will be subjected to a spam filter and sent to the e-mail address associated to the Client’s account relating to the applicable domain name. The Client acknowledges that the e-mail addresses deleted from the WHOIS/RDAP database will no longer be valid for receiving messages. The post received will be forwarded to the Client, with the exception of spam e-mails and other forms of undesirable messages, which the Client hereby explicitly authorises Swizzonic to remove.
(ii) postal address: in place of the Client’s postal address, in the WHOIS/RDAP database a Swizzonic postal address will be published, and for this purpose the Client authorises Swizzonic to manage all the correspondence sent to this address. The post received will be forwarded to the Client, with the exception of spam post and other forms of undesirable messages, which the Client hereby explicitly authorises Swizzonic to destroy. The shipping costs will be paid by the Client, by credit card. The post will be forwarded to the Client only following the successful outcome of the transaction.
(iii) telephone number: in place of the Client’s telephone number, a telephone number will be published in the WHOIS/RDAP database to which the Swizzonic answering service will respond.
The Client acknowledges and accepts that Swizzonic, the Registrar and/or the Registration Authority may be required to disclose information to third parties managing Escrow services relating to the domain name ownership provided by the Client and the alternative information published in the WHOIS/RDAP database.
2.1. For domains with extension .ch and .li:
In the case of domains with extension .ch and .li, the Client requesting the Service accepts that all the ownership data which will be provided to the Authority, will be the data of the company ITtrust Domain Services LTD (hereinafter ITtrust), and grants the aforementioned company a licence to use their intellectual property rights to the extent to which this is necessary for the registration of the corresponding domain name.
The Client agrees and authorises ITtrust to receive, read or listen to all communications sent to the registrant, admin-, billing-, technical- contact of a DOMAIN with an active Private Registration Service. The Client authorises ITtrust to identify and delete spam messages, without forwarding them to the Client.
In signing this Service Order, the Client waives all claims arising from the failure to directly receive communications relating to the domain on which the Private registration service is active.
The Client accepts that ITtrust reserves the right to not accept to provide the Service or to suspend its provision on the basis of the requested or registered domain name.
The Client acknowledges and accepts that the transfer to another registrar or the cancellation of a domain will lead to the termination of this contract.
The Client declares that they will comply with the laws of Switzerland, the Principality of Liechtenstein and the Republic of Ireland in the registration and management of the domain as well as the contents published therein and accepts that any breaches may lead to the transfer or cancellation of the domain.
In the event of breaches, the Client authorises Swizzonic and ITtrust to accept the third-party request for cancellation or transfer in any dispute settlement procedure or other proceedings initiated by the third party concerned.
If the Client decides to independently manage the dispute with the third party, they accept to do so at their own expense, fully compensating ITtrust and Swizzonic in this regard.
The Client exempts Swizzonic and ITtrust of all responsibility for the breaches of rights committed towards third parties in relation to this contractual relationship. This compensation includes –but is not limited to– breaches committed by domain names themselves and/or by the contents underlying the domain names. The right to compensation includes, but is not limited to, requests for compensation for damages based on the breach of third-party intellectual property and requests for third party legal expenses incurred or arising in relation to the breach pursuant to any applicable national or international tax laws.
Art. 3 - Additional obligations and responsibilities of the Parties
The Client holds full control and ownership of the domain name and remains the legally responsible owner, including full responsibility for the registration and use of a domain name and accepts to release, defend, indemnify and hold harmless Swizzonic, the commercial partners of Swizzonic, as well as their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, as well as the respective Registrar from and against all claims, demands, responsibility, loss, damage or costs, including reasonable legal costs, arising from or linked in any way to the registration of the domain, the Service provided and/or the use of the domain name by the Client.
The aforesaid indemnity obligations shall survive any termination or expiry of this SO for any reason.
The Client accepts and recognises that Swizzonic has all rights, at its sole discretion, and without any obligation to notify and without any responsibility towards the Client, to: (a) disclose to third parties the contact details provided by them to Swizzonic in relation to the account associated to the applicable domain name, (b) enter in the WHOIS/RDAP database the name, postal address, e-mail address and/or telephone number provided by them to Swizzonic and/or (c) terminate the Private Registration Service: (i) if any third party should claim that the domain name breaches the trade mark, name or other rights of a third party, whatever the validity of such claim; (ii) in order to comply with all applicable law, decree or regulation, or provision of the competent Authorities and/or national or international organisations, summons, order or request from executive or governmental bodies; or (iii) if a third party threatens to or files a suit against Swizzonic, in some way associated, directly or indirectly, to the domain name, or based on the fact that they are using the domain name in breach of a law, regulation or rule, or in any case illegally or in breach of third party rights. (iv) following a request for the suspension/cancellation of the service by the Client and/or the Registrant of the associated domain name. (v) in the event of the failure to pay the price of the Service within the set terms.
The Client acknowledges and accepts that Swizzonic will have the faculty to suspend and/or terminate the Service to which this SO refers in the event of the breach, by the Client, of the obligations undertaken on the basis of this SO, the Domain SO, the GSC and any other document annexed to or referred to therein.
Art. 4 – Duration, termination and withdrawal
The duration of the Service is 1 year from the date of purchase.
As regards the renewal of the Services, the provisions of the General Conditions of Service of Swizzonic published at the link https://www.swizzonic.ch/company/legal/general-conditions-of-service/?lang=en shall apply.
If the Client proceeds to purchase this Service after the registration of the domain to which they intend to associate the Service, the Service shall have a different expiry date, subsequent to the expiry of the domain. In this case, on the expiry of the registration service, the Client may associate the Service to another domain, without prejudice to the fact that, if the Client does not proceed to associate the Service to another domain, no amounts will be refunded to the Client for any parts of the Service not used.
The Client acknowledges and accepts that the services to which this SO refers automatically cease in the event of a transfer-out to another Registrar of the domain on which the Service is active or in the event of the cancellation of the domain.
In the event of the transfer-out of the domain, the Client undertakes to change the ownership data, promptly deleting all references to alternative information provided by Swizzonic pursuant to this SO.