Introduction
For all purposes of these Terms and Conditions, “Alwafaa Group” is the trading name and website operated by Alwafaa Group, Dubai.
These Terms and Conditions, together with the applicable country code Top Level Domain (ccTLD) Policies constitutes the entire agreement between Alwafaa Group and domain name registrant (owner of the registration).
Before registration of a Domain Name or the transfer of any Domain Name to Alwafaa Group as the Registrar of record, Alwafaa Group requires you to have assent these terms and the relevant ccTLD Policies.
Terminology
Below are definitions of terms used in these Terms and Conditions.
Approved Alwafaa Group Provider
An organization which provides registration services to Registrants upon the terms of an “Approved Alwafaa Group Provider contract” with Alwafaa Group.
Acceptable Use Policy
Our Acceptable Use Policy(AUP) may be found online at Alwafaa Group.com
Domain Name Services
Any Domain Name registration, renewal and other services associated with a Domain Name.
Email Address
An email address provided by Alwafaa Group by these Terms and Conditions.
Hosted Website
A Registrant’s website that is hosted by Alwafaa Group by these Terms and Conditions.
Registrant
An individual or organization whose Domain Name registered with Alwafaa Group. A Registrant is more associated to as the “Name Holder” of the Domain Name.
Register
The central listing of Domain Names managed and maintained by Registry.
Relevant Party
Includes each of the following parties:
- Alwafaa Group, the Registry and any other entity with whom any of the preceding parties is in a business relationship;
- Every officer, employee, contractor, agent of any entity specified above
- Anyone else that Alwafaa Group may procure to perform any obligations or duties of Alwafaa Group under any agreement you have with Alwafaa Group.
Services
Domain Name Services and Web and Email Services.
Web and Email Services
Any web services or email services offered or provided by Alwafaa Group in addition to Domain Name Services.
Your obligations You agree that:
1. You have read and understood these Terms and Conditions and the relevant ccTLD Policies, and agree to be bound by them.
2. You have and will satisfy yourself that the use (whether directly or indirectly) of the Domain Name will not infringe the legal rights (including, without limitation, the intellectual property rights) of any third party. You agree to protect each Relevant Party from any such claim.
3. You will make sure all information you give Alwafaa Group is accurate and complete, keep Alwafaa Group informed of changes to any information you give us, and that you have the authority to enter into this agreement.
4. You will only use the Services for lawful purposes.
5. You will ensure that any Domain Name registered by you does not interfere with other users of the Internet.
6. You will comply with any orders of any authority having jurisdiction about the Services.
7. All registered Domain Names must be hosted on at least two pre-configured domain name servers, and you are responsible for at all times meeting this obligation.
8. Any passwords associated with the Domain Name, together with any other security provided to you in connection with the Domain Name (“Password Information”), confidential, safe and secure. Alwafaa Group is not responsible for the misuse of any Password Information whether by yourself or, by any other person (including, without limitation, any employee or contractor of Alwafaa Group).
You warrant that:
1. You are an identifiable individual if you are 18 years of age, or, a legally constituted organization.
2. Any person or legal entity which uses the Domain Name complies with the obligations set out in clause 1.1 above.
3. In respect of a Restricted Domain Name, you meet and will continue to meet for the period of the Restricted Domain Name registration the eligibility criteria contained in the Restriction Policies.
You acknowledge that:
1. Alwafaa Group validates new customers for the purpose of filtering potential fraudulent orders. Accordingly, you agree that if you are a new client, Alwafaa Group is under no obligation fulfill your order until your account has passed our validation test. You also agree that we are not bound by our obligations to fulfill your order until your account has been successfully validated.
You’re Obligations Regarding Web and Email Services You agree that:
1. You will perform all tasks and responsibilities requested of you by Alwafaa Group in respect of the Web and Email Services.
2. You will ensure that any Hosted Website and any email sent or received from or by an Email Address:
a. does not infringe any intellectual property rights of any person;
b. does not contain any material which is obscene, offensive, upsetting, defamatory, insulting, abusive or in any way unsuitable for persons under the age of 18 years;
c. Web and Email Services is not comprised or is not used for any unlawful purpose or activity.
3. You will comply with the requirements of any restriction or exclusion relating to any Web and Email Service notified to you by Alwafaa Group from time to time.
4. Alwafaa Group may modify, enhance or withdraw any Web and Email Service by posting a notice on the Alwafaa Group Website 30 days before the change is to take effect.
5. Alwafaa Group does not provide website maintenance services in respect of any Hosted Website. Without limiting this exclusion, you also agree that Alwafaa Group accepts no responsibility for any deficiency or inaccuracy in any Hosted Website that is attributable to defects in that site.
6. You will read and agree to be bound by our AUP.
Alwafaa Group’s Obligations When providing any Domain Name Services, Alwafaa Group will:
1. Comply with all relevant ccTLD Policies and accurately represent these Policies to you.
2. Disclose accurately and entirely all the terms and conditions (including price and billing information) associated with the provision of the registration of a Domain Name to you, and the maintenance of the Domain Name sought to be used by you.
3. Comply with your lawful directions in a diligent and timely manner regarding the Domain Name (including, without limitation, relating to registration, cancellation, amendment, deletion and associated technical support and billing).
4. Process any Domain Name registrations with the Register within 72 hours from the time that Alwafaa Group receives all the information required to complete the registration.
5. Notify you of the registration of the Domain Name including the details of the Domain Name, your contact information, Alwafaa Group’s contact details, the registration period and the passwords for the Domain Name.
6. Arrange for correction of any error in the information in the register about the registered Domain Name when requested by you.
7. Use your personal information only as authorized by you and otherwise, by these Terms and Conditions.
8. Take all reasonable commercial steps to safeguard and protect all information about you stored in Alwafaa Group’s databases and systems.
9. Comply with any order or authority having jurisdiction regarding the Domain Name registered to you.
10. Use best endeavors to deal with any complaints you may have about the Domain Name Services.
Registration of a Domain Name You agree that:
1. Registration of a Domain Name by Alwafaa Group is carried out on a “first come, first served” basis.
2. Registration of a Domain Name confers no property or ownership rights to that Domain Name.
3. Upon the registration of a Domain Name by you, your contact details, the Domain Name, its commencement and expiry date, the address and details of the name servers for the Domain Name and Alwafaa Group’s name becomes publicly available to any member of the public.
4. The Domain Name is registered in your name only because no other person has it according to the records of the Register.
5. The entry of a domain name in the “whois” database will not be taken as evidence of anything other than the registration of the Domain Name.
6. Alwafaa Group will not become involved (whether directly or indirectly) in any dispute about the Domain Name and where a conflict arises between Name Holders or prospective Registrants about the Domain Name registration, those parties must resolve the issue independently of Alwafaa Group.
7. The details held in the Register shall be treated as correct and as the official record.
8. Alwafaa Group does not accept any responsibility for the content of a Name Holder’s website, and Alwafaa Group shall not be obliged to enforce the removal of content from a site unless it has been instructed by a Court Order to do so.
9. Confirmation of your order does not guarantee that the domain name has been successfully registered. We will not accept any responsibility, nor provide any guarantee that the domain name has been successfully registered until we receive registration confirmation from the registry. When a domain name has been successfully registered, a confirmation email will be sent to you confirming the successful registration.
10. The availability and price information we return for a given domain name is an indicator only, based on the information available to our systems at the time of checks and dependent on third-party systems. As such we cannot accept any responsibility for the accuracy or inaccuracy of availability and pricing checks.
11. In the event a given domain name is unavailable for registration or has been assigned a higher (‘premium’) cost by the registry operator, we will contact you regarding your wishes and your options relating to any payment already made to us for this order.
12. Upon the domain name passing its expiry date, we may initiate a transfer lock on the domain name record.
13. Upon the domain name crossing its expiry date, the use of the domain name may be interrupted by a DNS hold or be re-directed to a third-party for advertising purposes.
14. You may remove the transfer lock and domain name interruption by choosing to renew the domain name or requesting that we immediately delete the domain name.
Management of gTLD Domain Name
DESIGNATED AGENT FOR REGISTRANT CHANGES and DOMAIN NAME TRANSFERS FOR gTLDs
You agree and authorize Alwafaa Group to act as your “Designated Agent” on the Inter-Registrar Transfer Policy (IRTP) (https://www.icann.org/resources/pages/registrars/transfers-en) for all gTLD domains.
You agree that when we act as your “Designated Agent” we have the explicit authority to approve and accept each “Change of Registrant” (as per the IRTP) on your behalf; Whether this change represents a change from your Registrant information or to your Registrant information and will do so in all instances. You also agree to accept that authorizing us to act as your Designated Agent is a condition of registering or managing your domain with Alwafaa Group.
Domain Free Parking
Alwafaa Group provides a free parking service to the owner of the domain to publicize the Domain name to third parties, and in no way endorses any meaning it may have for visitors. Any links that may appear on this page are provided by a third-party for advertising purposes and have not been chosen nor specifically approved by Alwafaa Group. If you wish to remove this page, please advise us.
Web and Email Services
1. If Alwafaa Group provides you with Hosting services, you may obtain any Web and Email Service from Alwafaa Group in connection with the Domain Name. You agree on your behalf, and on behalf of the Registrant if you are acting as the agent of the Registrant that the Web and Email Services are not available for Name Holders of Moderated Domain Names.
2. Alwafaa Group will endeavor to provide the Web and Email Services with due care and skill. However, Alwafaa Group does not guarantee the availability of the Web and Email Services. Alwafaa Group will remedy any unavailability of the Web and Email Services as soon as it is able but does not guarantee that any unavailability will be resolved outside Alwafaa Group’s trading hours. Also, Alwafaa Group does not ensure that any Web and Email Service will be:
a. interruption or fault free or that any defects or errors will be corrected;
b. available at any particular time or location; available, or available without change, for any minimum period;
c. secure or private;
d. Free of viruses or other harmful features.
Cancellation of a Domain Name or the Web and Email Service
1. You may cancel a Domain Name or any Web and Email Service at any time by notifying Alwafaa Group in writing. You agree that:
a. on receipt of such notice, Alwafaa Group will cancel the relevant Domain Name and cancel the relevant Web and Email Service; and
b. Alwafaa Group will have no liability to you whatsoever about such deletion and cancellation.
2. Alwafaa Group may, in its sole discretion, cancel a Domain Name and any additional services such as Web and Email Services provided to you by Alwafaa Group in respect of that Domain Name upon 14 days’ notice where you fail to pay any fees that are due to Alwafaa Group.
3. Either party may terminate this agreement and cancel the Domain Name on one month’s written notice to the other party.
Fees You agree that:
1. Where you have appointed an Approved Alwafaa Group Provider to manage your Domain Name, and the Approved Alwafaa Group Provider provides you with billing services, the fees payable for any Domain Name Service, and the payment terms for that Domain Name Service, will be as agreed between you and the Approved Alwafaa Group Provider; or
2. Where you have elected to manage your Domain Name, or have appointed an Approved Alwafaa Group Provider to manage your Domain Name which does not supply billing services to you:
a. the fees for any Domain Name Service or any Web and Email Service are as set out in the relevant ‘pricing’ pages of the Alwafaa Group website; and
b. if Alwafaa Group is required to incur additional charges in connection with the provision of any Domain Name Service or Web and Email Service to you, we will notify you before incurring any such additional charge;
c. You will pay the fees for any Domain Name Service or any Web and Email Service to Alwafaa Group in accordance with the payment terms set out on the Alwafaa Group Website at the time the Domain Name and/or the Web and Email Service application is submitted to Alwafaa Group, or, as otherwise specified on the Alwafaa Group Website or these Terms and Conditions;
d. Alwafaa Group may alter any fees set out in this clause at any time on 30 days prior written notice, and
e. the payment terms related to any Domain Name Service and Alwafaa Group Service include the following:
i. All fees are payable in advance unless specified otherwise.
ii. All fees are non-refundable.
iii. A renewal fee is payable in respect of the renewal of each Domain Name registration.
iv. Alwafaa Group has no obligation to record the registration of any Domain Name if Alwafaa Group has not received the applicable fees for that Domain Name.
v. Failure to pay the domain name renewal fee in respect of a Domain Name registration will result in cancellation of that domain name registration
vi. If you transfer the Domain Name to another entity or Registrar, all charges owing to Alwafaa Group as at the date of the transfer are immediately due for payment.
vii. Any amounts payable by a Registrant as a result of exceeding email or website limits will be charged monthly in arrears and will be due by the date specified on the invoice.
f. Alwafaa Group has the discretionary right to refund in part or in full any non-refundable fees where Instra Corporation has confirmed in writing the existence of such a billing irregularity and
g. Alwafaa Group may require you to return signed documentation before exercising its discretionary right to process a refund
3. All fees paid to Alwafaa Group are non-refundable. However, where you pay for registration of a Domain Name and that Domain Name is not accepted for registration through no fault of your own, then Alwafaa Group will provide credit to your account for an amount equivalent to the available third party registration fees that you have paid. You will be entitled to use that credit towards payment of fees for registration of an alternative Domain Name or towards payment for any other Services that Alwafaa Group provides to you, provided that you apply for the credit within 365 days of the credit being loaded onto your account. If you have not applied for the credit within 365 days of it being loaded onto your account, the credit will be forfeited.
Exclusions and Limitations of Liability
1. Alwafaa Group does not investigate whether or not any Registrant is entitled to register or hold any rights in a Domain Name or request any Web and Email Services, except for ccTLDs where such investigation is required by the policy set out by the relevant registry.
2. By registering a Domain Name, Alwafaa Group is not acknowledging that any person has any rights in the name or words comprised in the Domain Name and does not authorize any person to use the Domain Name in the course of trade.
3. You agree that no Relevant Party will have any liability to you for any claim arising from any breach of this agreement by a Relevant Party or any act or omission of any Relevant Party except where any Relevant Party has acted in bad faith.
4. You agree that where a Relevant Party has acted in bad faith, or where Alwafaa Group has acted negligently, the liability of such party to you will be capped at total fees paid by you to Alwafaa Group in the month immediately before the event of liability in respect of the Domain Name.
5. All conditions and warranties, which may be implied by law into this contract, are excluded except to the extent that it would be unlawful to do so. You agree that this clause 10.4 is for the benefit of each Relevant Party.
Indemnities
1. You indemnify and hold harmless Alwafaa Group on its behalf, and as agent for each other Relevant Party, from and against all liability or loss, cost, expense or damage (including reasonable attorneys fees) incurred or sustained as a result of, or in connection with:
a. any claim or dispute about the registration of the Domain Name, whether in your name or such name as you direct;
b. a complaint that the manner in which the Domain Name or other Service is directly or indirectly used by you or anyone for whom you are responsible infringes the legal rights of any third party;
c. Any other claim relating to the use by you or anyone for whom you are responsible, of the Domain Name, or any service provided to you under these Terms and Conditions; or
d. Any claim arising from the content or operation of any Hosted Website (other than claims caused by Alwafaa Group’s breach of these Terms and Conditions); and provided that, you shall not be required to indemnify and hold harmless Alwafaa Group for any claims arising from Alwafaa Group’ negligence or bad faith.
Notices
1. Any notice to be given by Alwafaa Group under these Terms and Conditions or about any services provided by Alwafaa Group will be in writing sent to the email address recorded in the Register in respect of the relevant domain name or by posting the relevant information on Alwafaa Group’s website. Such notice shall be deemed to have been given at the time Alwafaa Group sends it.
General
1. Unless otherwise agreed in writing, these Terms and Conditions contain all the terms of our relationship and continues to apply no matter where you are located at the time any of the Services are provided or where you reside, and shall continue to apply until these Terms and Conditions are cancelled or terminated, except as otherwise stated in these Terms and Conditions.
2. Alwafaa Group may transfer its rights and obligations under these Terms and Conditions to any third party upon prior written notice to you.
3. If any provision of these Terms and Conditions is held to be unenforceable in whole or in part, all other provisions contained herein shall continue to be valid and enforceable.
4. Each provision of these Terms and Conditions is separately binding on Alwafaa Group. If for any reason, you, any Relevant Party cannot rely on any applicable provision of these Terms and Conditions, all other applicable provisions of these Terms and Conditions shall nonetheless be binding.
5. To the extent permitted, the parties agree that:
a. any dispute or claim arising out of or in connection with these Terms and Conditions must be brought within 60 days from the date on which the event giving rise to the dispute or claim occurred;
b. where you or any Registrant for whom you are acting as agent supplies incorrect information regarding a Domain Name and Alwafaa Group incurs costs in any matter concerning that Domain Name, Alwafaa Group may recover those costs from you.
6. The cancellation or termination of these Terms and Conditions will not affect any rights or obligations that have arisen prior to such cancellation or termination of these Terms and Conditions, and which by their nature survive (or should survive) the cancellation or termination, including, without limitation, any warranties, indemnities and limitations of liability provisions.
Changes to Terms and Conditions
1. Alwafaa Group reserves the right to amend these Terms and Conditions at any time by thirty days’ prior written notice to you (“Relevant Notice Period”). You agree that your use of any Domain Name or other Service following the expiry of the Relevant Notice Period will constitute your acceptance of the modified Terms and Conditions. In some circumstances it may not be possible to provide a 30-day notice period, however, under these conditions, we will endeavor to provide you with as much notice as possible.
Termination or Expiry of these Terms and Conditions
1. Where the Registrant transfers its Domain Name from Alwafaa Group to another Registrar by the relevant ccTLD Policies and these Terms and Conditions, the parties agree that these Terms and Conditions will terminate effective from the date of such transfer.
2. The parties agree that these Terms and Conditions will terminate on the effective date of the cancellation of the Registrant’s Domain Name (and associated Web and Email Services) by the terms specified in the Cancellation of a Domain Name or the Web and Email Service Section of these Terms and Conditions.
3. The parties agree that these Terms and Conditions will expire where the Registrant’s Domain Name license expires and is not renewed by the Registrant before the deletion of the Domain Name.
Compliance with Local Laws
Alwafaa Group makes no representations or warranties that the products of services provided on our website are appropriate for every country or jurisdiction. Regardless of which jurisdiction you are domiciled on, some products, or services, or web content may be considered illegal. Anyone who orders or uses products or services provided on the Alwafaa Group website must ensure that they comply with all local laws, rules, and regulations. For country code top level domain names, it is your responsibility to ensure you comply with the local legislation of that respective country.
Jurisdiction (Governing Law)
Except for disputes governed by the Uniform Domain Name Dispute Resolution (uDRP) Policy, this Agreement shall be governed by and construed by the laws of the United Arab Emirates, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought before a recognized arbitrator or law court of United Arab Emirates, and you hereby consent to jurisdiction and venue in the United Arab Emirates.Survival
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.