The following terms and conditions apply to the registration of domain names and provision of a domain name service by TLD Registration Services Ltd a company incorporated in England and Wales with Registration no: 7629187, and its registered office address: 4th Floor, Saddlers House, 44 Gutter Lane, London, EC2V 6BR (“TRS”) including domain names provided by the registry administrators of Africa.com, Incorporated in South Africa with Registration number: 1997/003626/07 with its address P O Box 785553, Sandton, 2146 South Africa ("Africa.com ").
For the purposes of these terms and conditions, any references to the registration of a domain name includes, without limitation, the provision of the associated domain name service and any auxiliary services such as hosting and email which are subject to additional terms and conditions. By accessing this website you agree to abide these terms and conditions which may be amended from time to time.
You acknowledge that the fulfilment by TRS of certain domain name services are subject to oversight by third parties, including, without limitation, the rules, regulations and policies of the Internet Corporation of Assigned Names and Numbers ("ICANN"), the registry administrators of .Africa.com, applicable laws and certain contractual agreements between TRS and other technical service providers (collectively, as they may be amended from time to time, the "Third Party Obligations"). Notwithstanding anything to the contrary herein, TRS reserves the right to modify its domain name services in order to comply with any such Third Party Obligations.
You must have the right to use the name which will form the prefix of the domain name and which will be issued by Africa.com. By applying to register the domain name you warrant to us that you have that right.
By applying to register the domain name you agree to indemnify and to keep ICANN, Africa.com, and TRS including their directors, officers, employees and third party service providers fully and effectively indemnified at all times against all costs, claims, liabilities, losses, damages, actions and expenses (including without limitation, legal expenses) arising directly or indirectly from the registration and/or any breach by you of any of these terms and conditions.
In the event of registering an .Africa.com domain name you shall enter into an electronic or written registration agreement with TRS and you must agree to provide:
accurate and reliable contact details and promptly up date them during the term of the .Africa.com domain registration including: your full name, name of organisation, association or corporation (if applicable) postal address, email address, voice telephone number, and fax number if available; name of authorized person in the case of that you are acting on behalf of an organization association or corporation.
Your provision of inaccurate or unreliable information or your failure to promptly update or correct information provided shall constitutes material breach of the registration agreement and shall be a basis for cancellation of the .Africa.com registered domain name.
You shall accept written complaints from third parties regarding false or inaccurate data on the .Africa.com WHOIS database of registrants and follow any other policies published from time to time. These may be found here https://registry.africa.com
If you apply to register the domain name on behalf of a third party (a client, for example) and you are registered on the Africa.com database as a billing contact, TRS, at its option, will be entitled to receive any payments due in respect of the domain name registration from you or the relevant third party. You and the third party shall be jointly and severally liable in this regard.
The initial period of registration of the domain name is a whole number of years between one year and ten years. Thereafter, the registration may be renewed for further years provided that you pay the appropriate renewal fee on or before the relevant renewal date. It is your responsibility to ensure that you apply to renew the domain name registration before the renewal date and provide accurate and up to date contact details. Whilst Africa.com and TRS endeavours to send reminders of renewal dates it does not guarantee to do so except where required by applicable ICANN consensus or registry policies and will not be liable if you fail to renew any registration on time.
You may surrender the registration of the domain name at any time by notice in writing to TRS. You will not be entitled to any refund for the remaining registration period at the time of the surrender.
Unless you have selected the option to opt-out, the details you supply will be published using the WHOIS service in accordance with applicable data protection legislation and Africa.com and ICANN policies. TRS reserves the right, subject to data protection legislation, to publish registrants' details in other circumstances, including to governmental or law enforcement agencies, to third parties with a legitimate reason for requesting the information, and on production of a court order.
Domain names are registered on a first come, first served basis.
There is no guarantee that a domain name applied for has been entered on the registry database until you receive confirmation of registration. You are advised not to take, and TRS, accepts no liability arising from, any action taken in respect of the use and/or registration of the domain name before you have received such confirmation and full payment has been made and received by TRS.
Acceptance of applications to register the domain name is at the discretion of TRS and the registry administrators, Africa.com. Without prejudice to the generality of the foregoing, TRS may refuse to accept such application if the domain name:
- is currently registered;
- is on the list of reserved words (this list is not available for public scrutiny);
- is obscene or otherwise deemed to be unsuitable by TRS and or Africa.com in their sole discretion. Acceptance of a domain name by TRS shall not be construed as TRS or Africa.com approving or agreeing that you have the right to register that name.
The fees for the registration of and renewal of registrations of, the domain name are those posted on this Africa.com website and are subject to change. TRS shall be entitled to invoice you for the registration for the domain name on receipt of an application to register for the domain name and for the renewal of the domain name registration on or before the renewal date. Payment must be made within the period stated in the invoice. If TRS does not receive payment within such period TRS is entitled, at its option, to suspend utilize (to dispose, to auction, to transfer to third parties, to take over in its own continuance) or to delete the domain name registration from the database and if deleted, the domain name may be made available for registration to the public. If suspended, TRS reserves the right to charge you for resumption of the registration of the domain name. You agree that the termination or non-renewal of the domain name or non-payment of due renewal fees shall constitute your consent to the actions described above as well as to a renewal of the domain name and updates to the registration data to the extent necessary for their undertaking provided that you do not contradict expressly before the term end and no agreement to the contrary exists.
TRS may at its sole discretion, cancel the registration or suspend registration of the domain name if:
- ordered to do so by a court of competent jurisdiction; and to comply with any applicable laws, government rules or requirements, requests of law enforcement in compliance with any dispute resolution process
- the use of the domain name is illegal;
- if there is a breach of these terms and conditions, including without limitation, clause 2;
- the continued use of a domain name could cause technical problems on the Internet, or the integrity or stability of the registry
- following the Dispute Resolution Policy posted on registry.africa.com the name has been judged to infringe the trademark or other intellectual property of the complainant.
- if TRS believes that the domain name was registered for use in a "phishing" attack or other illegal activity of any kind.
- if inaccurate or false contact details are provided.
- if TRS deems it necessary in its discretion to: 1) avoid any liability, civil or criminal on the part of Africa.com or TRS as well as their affiliates, subsidiaries and subcontractors, employees, and stockholders or each of them, 2) for violation of these Terms and Conditions,
- TRS reserves the right to freeze or lock a domain name during a resolution of a dispute
You agree to keep the monetary terms of the provision of domain names services confidential. TRS agrees to keep confidential your confidential business and technology information other than your Account contact information and other information which TRS, in its sole discretion, deems necessary to disclose in order to effectuate transfers, to investigate or implement any policing activity, to respond to lawful discovery requests, or to otherwise achieve the legitimate business purposes of provide domain name services. The obligations of this section shall not restrict any disclosure by either party pursuant to any applicable law, or by order of any court, government agency, or ICANN and shall not apply to information that is independently developed by the disclosing party or is publicly known
TRS gives no warranty and makes no representation in respect of the domain names registered hereunder including, without limitation, the availability of any domain names and their suitability for Your purposes and hereby excludes, to the fullest extent permitted by law, all conditions, warranties, terms, undertakings and representations, express or implied, whether by statute, common law or otherwise in relation to such domain names.
TRS shall not be liable to you whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the domain names registered hereunder, including without limitation:
- loss of revenue; and/or
- loss of anticipated savings; and/or
- loss of business and/or goods; and/or
- loss of goodwill; and/or
- loss of use; and/or
- loss and/or corruption of data and/or other information; and/or
- downtime; and/or
- any damage relating to the procurement of any substitute services. For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses (a) to (h) inclusive of this clause 16 nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these terms and conditions.
In no event shall TRS's liability to you whether in contract, tort, by statute or otherwise exceed the registration or renewal fee for the domain name.
Nothing in this Agreement shall exclude or restrict the liability of either party for fraudulent misrepresentation and/or for death or personal injury arising as a result of the negligence of that party, its officers, employees, agents and/or sub-contractors.
The terms and conditions are exclusively governed by the laws of England and Wales and by applying to register or renew a domain name you and TRS submit to the exclusive jurisdiction of the courts of England and Wales.
Revised 31st October 2018. Copyright © 2018 TLD Registrar Solutions Ltd. All Rights Reserved.