This Agreement is between Gr8Web, a Luxemburg registered company under the authorizations of Marc Schammel and You, your agents or successors (“You”), and is effective as of the date of the electronic execution or confirmed order by us.
Those Terms regulates the use of Gr8Web's Software and defines the Gr8Web’s obligations to you and Your obligations to Gr8Web.
The customer acknowledges having read and understood those present General Terms and Conditions.
With all purchase on Gr8Web’s Website You accept the present Terms and condition in their entirety and without exception.
The Terms and conditions may be modified and changed at any moment. The actual Terms and Conditions will always bee published on Gr8Web’s Website.
Gr8Web’s Privacy rules are available at http://www.gr8web.net/privacy.php
Gr8Web is a World Wide Web Server, Domain Registrar and Web Hosting Provider. This means You can register the Domains available on our Website via the Website. Further we offer all kind of additional Services like, Web Hosting, SSL Certificates, etc.
2.1 Search Engine for Domain availability
Gr8Web’s Website provides a free of charge search engine to verify availability of a Domain Name. This search engine is based on information and data provided by the relevant registries and made available to the general public for informational purposes.
This data is only of an informational nature and shall not entail any obligation, duty or liability of Gr8Web, including in regard to any use that may be made of such data or the accuracy of such data.
2.2 Domain Name Registration, Renewals and Transfers
You can place orders for different Domain extensions via Gr8Web’s Website, those Orders will then be registered by Gr8Web. The List of those extensions is available at Gr8Web’s Homepage and is renewed regularly. Gr8Web is acting as an intermediate to register the customer orders with the respective organism(s) or partner(s) (International Registrar(s) or legal Registrie(s)).
You have to verify if the Domain Name is available and if You fulfil all legal details to register the Domain. Gr8Web will not perform any action to verify either the availability or the fact if You may register any Domain Name.
To renew any ordered Domain Name(s) the customer can use Gr8Web’s own automated renewal service. Gr8Web will inform you several times about the expiration of the Domain Name. You have then still the option either to cancel, autorenew or renew the Domain manually. You will receive an email explaining the various renewal methods and pricing. You will receive the email to the address provided by You and registered in your customer account. So please update your account in case if you change email address. Gr8Web shall not be held responsible or liable in the event You fail to take the necessary steps to renew a Domain, if the email address provided by You is erroneous or out of date and/or if You fail to receive the email containing the information for renewing the Domain Name or the Domain Names.
If You fail to renew the Domain, the Domain will be freed again for new registration by anyone within the time period set by the provider and in accordance with the procedures defined by the registry.
Gr8Web reserves the right to register directly or on behalf of a third party all neglected Domain Names. You understand and agree that you loose all right to contest such registration if your Domain or Domains expired.
Functional DNS Servers are needed for a proper functionality of the Domain. Gr8Web can offer functional DNS however Gr8Web prefers that You provide your own DNS (“Customer DNS”) to register Domain Names.
If, for any reason Your DNS is not working or not accessible, we may take the following actions:
- We may ask you to provide another functional DNS
- If the Registry is allowing free migration to DNS, we may use Gr8Web’s DNS
- If the Registry is charging for the migration, we will contact You in a period of 5 working days to find a solution. After these 5 days are lapsed with no reaction from You, the Domain Name registration may be cancelled and the Domain will be available for registration by another party again.
Gr8Web can provide fully operational DNS. Gr8Web may charge something for this DNS or/and the setup of this.
2.3 Webhosting Services
You can order different Webhosting Plans via the Website. Gr8Web is not responsible for the content of the Site but Gr8Web is verifying the content of the Site regulary and in case if Gr8Web sees that there is criminal or affective Content we will close down the Hosting immediately and inform the authorities about this. Criminal content is defined due to the laws of Luxembourg. Gr8Web provides you with all necessary information to be able to upload and manage your website. Gr8Web reserves the right to cancel any account without warning.
Backups are customer responsability. Gr8Web is not making regular Backups of Your information stored on Gr8Web Servers. Except if You are specifically ask for this and Gr8Web is accepting the order, this service might have additional costs.
3 Account Creation, Orders
Before ordering You have to create an user account at Gr8Web’s Website. The creation of the user account includes a username and a Password to access Gr8Web’s Management Platform. On this Platform you may register, transfer and manage your Domain Names you registered with Gr8Web. This Platform allows Gr8Web to identify you as a customer. You are responsible for the correct treatment of the Access Details. Any instructions received by Gr8Web which include Your customer Details shall be presumed to have been submitted by You. Gr8Web cannot be held responsible for any misuse or fraudulent use of your Login details.
If You have lost your Login name and/or Password or if you think or know that your Login Name and/or Password are available to any third party, You shall modify your Login Name and your password immediately and without delay.
To create the account You have to inform Gr8Web about your Address, Name, Company, etc. those information have to be correct as they appear on all official letters, invoices, etc. You have to inform Gr8Web immediately in case if some or all of those information changed or are not valid any longer. You shall notify Gr8Web in written, by letter, fax or email (the email you used in your account) of any modification.
4 Customer Obligation
4.1 You have to provide all necessary, correct information to Gr8Web. Under no circumstances Gr8Web shall be responsible or liable for information submitted by you and any loss or damage that may arise from those information. You have to pay Gr8Web for any costs or expenses arising from any damage or loss coming directly or indirectly from wrong or erroneous information provided by you or a third party who has access to your Gr8Web account.
4.2 You have to provide Gr8Web with all necessary documents to register Domain Name(s) in case if needed. If those documents are not available at the moment where they are needed Gr8Web cannot register Domain Name(s). Any failure on this could prevent Gr8Web from providing the demanded service(s). Gr8Web cannot be made responsible or liable from any loss or damage arising from this failure on this.
4.3 You declare that you have read, understood and accept the general Terms and conditions of any document issued by any national or international authority within whose purview your Domain Name registration activity falls.
4.4 You shall take all necessary steps to ensure that the registered Domain Name does not violate any law or regulation currently enforceable in Luxemburg or elsewhere in the world pertaining to public order, public security and public decency. If this is not the case You will be solely responsible for any violations of such rules or laws.
4.5 You shall not send emails including Viruses, Trojan Horses or other security relevant Programs. If Gr8Web has any damage or loss due to this you will be entirely responsible for this.
4.6 Backups are not made automatically by Gr8Web. Customers have to make their Backups on their own. Backups are a special Service and can be ordered. GR8WEB CANNOT BE HELD RESPONSABLE FOR ANY LOSS OR DAMAGE OF DATA AND AS IS NOT RESPONSABLE FOR BACKUPS OF CUSTOMER FILES.
5 Gr8Web Rights & Obligation
5.1 Gr8Web has the right to either expand or reduce the scope of our services. If any of this happens Gr8Web will immediately inform You of such expansion or reduction realised via the website or a specific email send to all customers to the addresses provided.
5.2 Gr8Web will take any necessary steps make all Domain Name Registration, renewal or transfer a success.
5.3 Gr8Web reserves the right to modify prices at any moment. All Prices indicated on the Homepage are the valid prices. Gr8Web will inform You via the Homepage and via email on the provided address.
5.4 Gr8Web has the right to refuse orders.
5.5 Gr8Web will do the necessary to keep the servers up to date and running.
6.1 The actual valid prices are those indicated on the Gr8Web Website. All prices are in Euro without VAT. VAT is charged at the end of the registration process where the total amount of the order is indicated.
6.2 Prices indicated are fix prices and are not negociable.
6.3 Unless otherwise determined by Gr8Web all orders have to be paid immediately online via the Gr8Web Homepage either via Credit card (Paypal) or via Bank transfer. If you decide to use Bank Transfer, the order will be valid if we receive the complete amount on our Bank Account indicated on the invoice you will receive by email.
6.4 You agree that all invoice for services provided by Gr8Web is transmitted to you by email to the address provided by you in the contact information. You can ask Gr8Web to send a Printed invoice, this invoice will be charged a reasonable amount for stamp and administrational work. In view of this fact the email provided by you in the contacts must be available 7 Days a Week.
6.5 Any invoice or amount that is not paid upon falling due shall be subject, without formal notice, to interest charges amounting to 10 percent of the annual unpaid amount, until such time as the outstanding amount is paid in full. Any remaining unpaid balance shall also incur (without formal notice) a penalty of 15% on the unpaid principal, subject to a €25 minimum and a €1250 maximum. In addition, Gr8Web shall be entitled to reimbursement of €75 for each formal notice (as extra-judicial costs). The Customer expressly agrees that the Client shall pay Gr8Web an indemnity for any unpaid balance, pursuant to Article 8 of La loi du 18 avril 2004 relative aux délais de paiement et aux intérêts de retard (Luxembourg law pertaining to penalty for late payment with interest), as compensation for court costs incurred by Gr8Web in collecting the unpaid funds including bailiff’s fees, legal fees, collection agency fees, experts’ fees and so on.
If a Gr8Web invoice remains unpaid, and after the Customer has received a Final Reminder email indicating that the unpaid amount is to be paid by a specific date, Gr8Web shall be entitled to deny Service to the Customer and thus make the registered Domain Names unavailable to the Customer, by redirecting users to a Parking Page, blocking Gr8Web services or other measures. Insofar as possible, the Customer shall be entitled to request that his Gr8Web services be reactivated, providing that all unpaid invoices and late payment penalties and interest pursuant to Article 8.5 hereof have been paid. The Customer shall assume all administrative, technical and other costs arising from deactivation and/or reactivation of his Gr8Web account
Gr8Web shall be entitled to refrain from responding to any Customer request to take action for any Domain Name if the Customer is or becomes indebted to Gr8Web for any reason whatsoever.
If any invoice is not paid within eleven months of the invoice date, the Domain Name or names associated with such invoice shall be deleted from all Gr8Web databases as well as the databases of the relevant Registry. Such Domain Name shall then become eligible for registration by a third party, a Gr8Web Customer or another Registrar, pursuant to the applicable rules of the Registry within whose purview the Domain Name or Names in question fall.
6.6 You can charge your account with any amount, but max. 500€ This money can be used to purchase any product offered by Gr8Web. The money charged on your account cannot be reimbursed.
6.7 At some registry practices it may be possible that You have to pay some time before the Domain can be registered. F.ex. “Sunrise Period” Gr8Web cannot give a guarantee that the demanded Domain Name will be registered.
All payments have to be done via the Homepage. We accept payments via Credit card over the Paypal Module or by Bank Transfer.
For all Bank Transfer please use the account:
Nr.: IBAN LU60 0030 8852 2547 2000
Account Owner: Gr8Web / Marc Schammel
All orders will only be executed if the full amount is paid. If the order is only paid partially the order will not be executed.
Paypal will be responsible for all kind of credit card payment and Fraud check. If Paypal does not accept any credit card payment we will not execute any order. For Paypal payments, please check also the Paypal General Terms and Conditions on the Page http://www.paypal.com.
It is possible, that Gr8Web will verify Paypal payments if the customer is new or if the customer has made already fraud payments.
8. Terms of reimbursement.
If you do not receive the desired Domain Name, Gr8Web shall recredit your Gr8Web Account accordingly. Following this reimbursement you can ask a transfer of the amount to your bank account. In case of a Paypal payment the money will be retransferred to your Paypal account.
Transfers to European Banks are realised on a “shared charges” basis.
All of your invoices have to be settled before Gr8Web is transferring money back to you.
7.1 You can terminate your contract with Gr8Web at any moment. This termination has to be realised by sending a registered letter of intend to terminate the contract, two months in advance of the intented termination date, to our address indicated at the contact page. The termination date should begin only after all payments to Gr8Web are paid.
7.2 Gr8Web can terminate the contract with you at any moment. This termination will be realised by sending a registered letter to the address provided by the customer two months in advance of the desired termination date.
10. Force Majeur
Gr8Web will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Gr8Web liable for any of the consequences of such interruptions.
11. Notification Procedures
If a third party lodges a claim against Gr8Web relating to a Domain Name owned by a Gr8Web customer, Gr8Web shall promptly transmit a notification regarding such claim to the relevant Customer at the address provided by such Customer and shall include with such notification a copy of the third party claim.
In all such instances such third party shall be informed of Gr8Web notification to the Customer, keeping in mind that it does not fall within Gr8Web’s jurisdiction (a) to prejudge the Customer’s or a third party’s rights in regard to an entity registered as a Domain Name; or (b) to transfer such Domain Name on its own initiative.
Gr8Web shall be entitled to charge the Customer for any action performed on the Customer’s behalf in connection with a third party claim, insofar as the Customer fails to acknowledge receipt of the first Gr8Web notification letter in regard to such claim, or if Gr8Web finds it necessary to take action in regard to such claim (e.g. by sending a registered letter and making phone calls) on behalf of the Customer and the party submitting a request or claim.
12. WebSite Content
Customers are themselfes responsable for the content of the Site. Every customer has to verify and asure that the content he is uploading and showing on our servers is legal. If we see that there are illegal procedures the site will immediately bee closed and we will forward all information to the responsable authorities. Gr8Web can not be held responsable for the content of their customers. Gr8Web will, immediately after seeing, close the Site and inform the responsable authorities. In this case all paid amount is lost and will not be refunded.
13. Disputes and Litigation
Pursuant to the provisions of the Terms and Conditions, if a legal dispute of any kind arises in regard to the Domain Name, Gr8Web and the Customer expressly agree that the Customer shall be solely responsible for the consequences of the relevant litigation and that Gr8Web shall not be involved in such litigation in any way whatsoever.
If a dispute arises between the Customer and a third party in regard to the Customer’s ownership of a Domain Name, Gr8Web shall not be involved in such dispute in any way whatsoever and recommends that the parties resolve such dispute through the use of conflict resolution tools that have been elaborated by the Registries or the appropriate jurisdictions. If a decision resulting from a dispute is reached that requires Gr8Web’s assistance, Gr8Web shall provide such assistance, which shall not convey any responsibility or liability on Gr8Web’ part toward the Customer or any third party.
In the event of any dispute relating to one or more Domain Names of the Customer, he agrees to defend, indemnify, and hold harmless Gr8Web from all liabilities, claims, and expenses, including attorney’s fees and court costs, as well as any other consequences of any kind incurred by Gr8Web as the result of such dispute.
Gr8Web cannot be held liable for any damage or loss of Files, Documents or any other information that are stocked on Gr8Web Servers. Customers are themselves responsable for Backups of these Documents. In case of any loss of a Domain Name Gr8Web will do it's best to get back the Domain, but in no case Gr8Web can be held liable for the loss of the Domain Name.
15. Applicable law and Jurisdiction
15.1. Any order, acceptance or contract arising there from shall be governed by the laws of Luxembourg.
15.2. Any dispute relating to the Terms and Conditions or the interpretation or performance thereof that cannot be resolved amicably shall be subject to the sole jurisdiction of the courts of the city of Luxembourg.
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