1. Fees & Payment
1.1 Standard term of payment is 14 days net.
1.2 The Customer understands that for disputes which incur an official panel fee, such panel fee must be paid to the Provider before the dispute can be filed on behalf of the Customer.
2. Term & Termination
2.1 The Term of a Monitoring Service will commence on the effective date thereof and will run for one year. The Term will be automatically renewed by one year unless either party terminates that Service Agreement by written notice to the other Party at least ninety (90) days prior to the end of that Term, unless sooner terminated as provided below.
2.2 For Enforcement Services, these is no term and the service can be terminated at any time.
2.3 Upon the expiration or earlier termination of this Agreement, neither Party shall be relieved of obligations nor liabilities which accrued under this Agreement prior to the effective date of termination, including, without limitation, Customer’s obligation to pay the Provider as provided for in this Agreement.
3. Warranties and Disclaimers
3.1 The Provider does not make, and hereby disclaims, any representations or warranties regarding the Services or any portion thereof, including (without limitation) implied warranties of fitness for a particular purpose or non-infringement. The Provider does not warrant that the monitoring service is error free, will retrieve domain data from all jurisdictions, will operate without interruption or is compatible with all equipment and software. The Provider makes no warranty with respect to the completeness, security, authenticity and non-corruption of any information transmitted or stored in any system connected to the Internet.
3.2 The Provider cannot guarantee a successful outcome in domain name disputes and is in no event liable for any direct or indirect damages caused by the representation.
4. Limitation of Liability
4.1 To the maximum extent permitted by applicable law, in no event shall any Party be liable for incidental or consequential damages, or lost profits, whether foreseeable or not (including, but not limited to, those arising from negligence), occasioned by any failure to perform, or the breach of any obligation under this Agreement.
4.2 The liability of the Provider shall in no event exceed the fee actually paid to the Provider for that Service.
5. General
5.1 Governing Law & Dispute: This Agreement shall be governed by the laws of Sweden and any dispute arising out of this Agreement shall be finally settled in ordinary court, with Stockholm’s district court being the court of first instance.
5.2 Waiver and Severability. No failure of either Party to exercise or enforce any of its rights under this Agreement shall act as a waiver of such rights.
5.3 Force Majeure. Neither Party shall be liable to the other for any delays, or other failure to perform when such delays or failures are due to a cause beyond the control of the party whose performance is so affected, including, without limitation, fire, war, flood, strike, riot, labor dispute, national or public disaster, transportation or laboratory difficulties, order or decree of governmental agency, technical failure (including the failure of all or part of the equipment of others), failure of performance of any entity with which either Party has a contract for the supply of programming or services, or any other reason beyond the control of the party whose performance is prevented during the period of such occurrence, including any legal prohibition, decree, regulation, or requirement of any governmental authority having jurisdiction; provided, however, that such affected party takes commercially reasonable efforts to mitigate the effects of such causes. In the event of any such delay or failure, the affected performing party shall promptly notify the other Party of the nature and anticipated length of continuance of such force majeure and, during such period, both Parties shall be excused from performance.
5.4 Survivability. Sections 4 and 5 and will survive termination or expiration of this Agreement. In addition, any payment obligations which exist as of the termination or expiration of this Agreement will remain in effect.
5.5 Assignment. This Agreement shall bind and inure to the benefit and obligation of each Party’s successors and assignees, provided that the other Party is given 30 days’ notice of any assignment.
