This Domain Registrant Agreement (hereinafter referred to as the "Agreement") is made between Guaranty Trust Bank (Ghana) Limited (referred to as the "Registrar") and any Client that desires domain registration (referred to as the "Registrant"), sets forth the terms and conditions of Registrar's domain name registration service and other associated services as described herein.
The Registrant represents that it has the authority to enter into this Agreement and bind itself to these terms and conditions.
This Agreement explains the Registrar's obligations to the Registrant, and the Registrant's obligations to the Registrar in relation to each Domain Name, or .COM Defensive Registration, or .COM Mail Forward that the Registrant has registered/reserved through or transferred to Registrar ("Domain or Domain name"), directly or indirectly, whether or not the Registrant has been notified about Registrar.
This Agreement will become effective when the term of Registrant's Domain name with the Registrar begins and will remain in force until the Domain name remains as an active Domain name with the Registrar. Registrar may elect to accept or reject the Domain name application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for a prohibited Domain name.
WHEREAS, Registrar is authorized to provide Internet registration and management services for domain names, for the list of TLDs mentioned within APPENDIX 'U';
AND WHEREAS, the Registrant is the Owner of a registration of a domain name ("the SLD") in any of the TLDs mentioned within APPENDIX 'U', directly or indirectly;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Registrar and the Registrant, intending to be legally bound, hereby agree as follows:
"Communications" refers to date, time, content, including content in any link, of all oral / transmitted / written communications / correspondence between Registrar, and the Registrant, and any Artificial Juridical Person, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity acting on their behalf.
"Customer" refers to the customer of the Domain name as recorded in the portal Database. This may also be the same as the Registrant in some cases.
"Portal" refers to the set of Servers, Software, Interfaces, Registrar Products and API that is provided for use directly or indirectly under this Agreement by Registrar and/or its Service Providers.
"Portal Database" is the collection of data elements stored on the SME Suite website.
"Portal Servers" refer to Machines / Servers that the Registrar or its Service Providers maintain to fulfill services and operations of the Domain.
"Portal User" refers to the Customer and any Agent, Employee, Contractee of the Customer or any other Legal Entity, that has been provided access to the "Domain" by the Customer, directly or indirectly.
"Registrant" refers to the person or entity as shown in a Whois Lookup as the registered owner of the domain name.
"Registrar" refers to the Registrar of record as shown in a Whois Lookup for the corresponding Domain at the corresponding Registry Operator.
"Registrar Products" refer to all Products and Services of Registrar which it has provided/rendered/sold, or is providing/rendering/selling.
"Registrar Servers" refer to web servers, Mailing List Servers, Database Servers, Whois Servers and any other Machines / Servers that Registrar or its Service Providers Operate, for the Domain nameBox, the Registrar Website, the Registrar Mailing Lists, Registrar Products and any other operations required to fulfill services and operations of Registrar.
"Registrar Website" refers to the website of the Registrar.
"Registry Operator" refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that is involved in the management of any portion of the registry of the TLD, including but not limited to policy formation, technical management, business relationships, directly or indirectly as an appointed contractor.
"Service Providers" refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that the Customer and/or Registrar and/or Service Providers (recursively) may, directly or indirectly, Engage / Employ / Outsource / Contract for the fulfillment / provision / purchase of Registrar Products, Domain, and any other services and operations of Registrar.
"Whois" refers to the public service provided by the Registrar and Registry Operator whereby anyone may obtain certain information associated with the Domain name through a "Whois Lookup".
"Whois Record" refers to the collection of all data elements of the Domain name, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry.
OBLIGATIONS OF THE REGISTRANT
- The Registrant agrees to ensure that all domains registered via our service:
- will not be used for any unlawful purpose
- will not be registered in bad faith, or otherwise be considered an abusive registration under the Registry, ICANN or our dispute policies or procedures
- will not infringe on the legal rights of any 3rd party
- The Registrant acknowledges that we cannot guarantee availability of your desired domain name, even if an inquiry indicates its availability.
- The Registrant agrees and acknowledges that we will make domain name registration information you provide available to ICANN, the registry operator, law enforcement agencies and other third parties as applicable.
- The Registrant agrees to provide, maintain and update, current, complete and accurate information of the Whois Record and all the data elements about the Domain in the portal Database during the term of the Domain.
- Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant's failure to promptly update information as and when it changes, or non-receipt of a response for over five (5) calendar days to inquiries sent to the email address of the Registrant or any other contact listed for the Domain in the Portal database concerning the accuracy of contact information associated with the Domain shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that Domain.
- The Registrant acknowledges that in the event of any dispute and/or discrepancy concerning the data elements of the Domain in the Database, the data element in the Database records shall prevail.
- The Registrant acknowledges that the authentication information for complete control and management of the Domain will be accessible to the Registry Operator, Service Providers, and the Customer. Any modification to the Domain by the Customer or Service Providers will be treated as if it is authorized by the Registrant directly. The Registrar is not responsible for any modification to the Domain name by the Customer, Registry Operator, or Service Providers.
- The Registrant acknowledges that all communication about the Domain will be only done with the Customer. Registrar is not required to, and may not directly communicate with the Registrant during the entire term of the Domain except the Registrant is the same as the Customer.
- The Registrant shall comply with all terms or conditions established by Registrar, Registry Operator and/or Service Providers from time to time.
- The Registrant must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN (http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm) and the Registry Operator.
- During the term of this Agreement, the Registrant shall maintain the following records relating to its dealings with Registrar, or Authorized Representatives:
- in electronic, paper or microfilm form, all written communications with respect to the Domain;
- in electronic form, records of the accounts of the Domain, including dates and amounts of all payments, discount, credits and refunds. The Registrant shall make these records available for inspection by the Registrar upon reasonable notice not exceeding 14 days.
REPRESENTATIONS AND WARRANTIES
Registrar and Registrant represent and warrant that:
- Both parties have the requisite power and authority to execute, deliver and perform their obligations under this Agreement.
- This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable against Registrant and Registrar in accordance with its terms.
- The execution, delivery, and performance of this Agreement and the consummation by Registrar and the Registrant of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate:
- any provision of law, rule, or regulation;
- any Domain name, judgment, or decree;
- any provision of corporate by-laws or other documents;
- any agreement or other instrument.
- The execution, performance and delivery of this Agreement has been duly authorized by the Registrant and Registrar.
- No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby.
The Registrant represents and warrants that:
- the Registrant has read and understood every clause of this Agreement;
- the Registrant has independently evaluated the desirability of the service and is not relying on any representation Agreement, guarantee or statement other than as set forth in this Agreement; and
- the Registrant is eligible to enter into this Agreement according to the laws of his country.
.COM SPECIFIC CONDITIONS
PROVISION OF REGISTRATION DATA
As part of the registration process, the Registrant is required to provide the Registrar with certain information and to update this information to keep it current, complete and accurate. This information includes:
- full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
- the primary nameserver and secondary nameserver(s), if any for the domain name;
- the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
- the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; and
- the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name;
In addition, in accordance with ICANN policies, the Registrar is obligated to submit and keep current, complete and accurate additional information relating to a domain registration, which may include the following (collectively, "Additional Registration Information"):
- The original creation date of the domain registration;
- The submission date and time of the registration to us and by us to the proper registry;
- Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
- Account records for your domain registration, including dates and amounts of all payments and refunds;
- The IP addresses of the primary nameserver and any secondary nameservers for the domain;
- The corresponding names of those nameservers;
- The name, postal address, email address, voice telephone number, and where available, fax number of the technical contact for the domain;
- The name, postal address, email address, voice telephone number, and where available, fax number of the administrative contact for the domain;
- The expiration date of the registration; and
- Information regarding all other activity between you and us regarding your domain registration and related services.
DOMAIN NAME DISPUTE POLICY
The Registrant agrees to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
Domain Name Life Cycle
Once the domain expires, it will be in Renewal Grace Period for 36 days when the domain name can only be renewed but not transferred to another registrar. Also, the domain will stop resolving i.e when all services associated with the domain name (eg. DNS, website, emails etc) will automatically not be available.
This is followed by a 30-day Redemption Period (also known as Pending Delete Restorable) but the domain can still be renewed at an additional fee which is way higher than the regular renewal fee.
At the end of the Redemption Period, it enters into a (5-7) days Pending Delete period. This means that the domain name can no longer be renewed or recovered. After this period, the domain will be available to the general public again for re-registration on "First come First serve basis".
Domain Name Character & Character Lengths
Domain names must:
- have a minimum of 3 and maximum of 63 characters
- begin with a letter or a number and end with a letter or a number
- use the English character set and may contain letters (i.e., a-z, A-Z), numbers (i.e. 0-9) and dashes (-) or a combination of these
- neither begin with, nor end with a dash (-)
- not contain a dash in the third and fourth positions (e.g. www.xy- -db.ng)
- not include a space (e.g. www.xy db.ng)
- not include underscore (e.g www.ab_cd.com)
Premium Domain Name
Premium domains are domain names that are either permanently or temporarily reserved or restricted by the domain registry or owned by an individual. It is also an instant online brand. They are often more expensive than the regular domain price. The prices differ by either the name, domain extensions or the registry or both or length etc.. Considering the importance and what you stand to gain with such domain names.
Some domain names are considered to be premium for the following reasons including but not limited to this;
- Length of the domain,
- Words/phrase/keywords that have a high search volume
- Brand name,
- Short names or acronyms that are easy to remember.
- Demand – trending words or phrases can sell at huge prices, but they may have a short life.
- A strong domain history, i.e., a good reputation, valuable link juice, and healthy traffic stats. leading to higher page ranking in search engines and brings more organic traffic to your website.
- They contain a word/phrase that PPC (Pay per click) advertisers compete for.
- It brings more traffic to your website.
- They have exact match words that name a product, service, industry, or geographic location resulting in money and time saved on marketing.
In the event that Registrar suspects breach of any of the terms and conditions of this Agreement:
- The Registrar can immediately, without any notification and without assigning any reasons, suspend / terminate the Registrants access to the Domain name.
- The Registrant will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.
- The Registrar can immediately, without any notification and without assigning any reasons, delete / suspend / terminate / freeze the Domain name.
PAYMENT TERMS AND CONDITIONS
- Registrar will accept payment for the Domain name from the Customer as a bundle under any one of the SME Suite plans.
- The Customer can only Domain name for 1 year billing cycle of the domain name
- The Customer will pay for renewal before the expiration of the domain name
This Agreement will be governed and construed in accordance with the laws of the Republic of Ghana.