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This page contains links to current corporate policies, agreements for the products and services available through NicSRS, and notices for employees, candidates, and applicants. See below our policies and agreements.

1. General

  1. These Policies and Agreements shall apply for all contracts concluded between NicSRS PTE. LTD (hereinafter, “NicSRS”) and their customers. All services provided by NicSRS are subject to these policies and agreements. Complementing these policies and agreements, relevant Special policies and agreements shall apply. Any differing or additional terms and conditions proposed by the customer shall only be valid upon express written acceptance by NicSRS. This also applies for the included special policies and agreements. If additional policies and agreements, proposed by the customer, have been fulfilled, this will not constitute an acceptance of the proposed additional policies and agreements.
  2. NicSRS may make amendments to these policies and agreements, with the exception of charges and performance, to the extent that these amendments are required, due to subsequent disturbances in the equivalency and/or subsequent gaps in the contract because of changed circumstances (i.e. ineffectiveness due to changes in statutory provisions and case law, respectively), and the amendments are not unreasonable for the customer. NicSRS shall inform the customer of such amendments either in writing or electronically (usually in the form of a revised version of these policies and agreements,). Also, the customer should be aware that any amended policies and agreements, will be part of the Agreement between the parties if the customer does not object to the amendment within a period of one month from receiving notice. If the customer objects to the amendment, each party shall have the right to terminate the Agreement on the date the amendments are valid. If the customer does not object, all amendments shall be deemed accepted.
  3. These policies and agreements, as well as additional applicable special policies and agreements, (i.e. for Domains, or SSL Certificates), are available at
  4. These policies and agreements, shall also apply to any future business relationships between the parties. This also applies for any applicable special policies and agreements.

2. Duties of NicSRS / Service Changes

  1. NicSRS provides its services on the basis of the current general state of the internet and, in particular, the technical, legal and commercial framework for use of the internet, and NicSRS is not responsible to keep up to date with the cutting edge state of the art. Accordingly, it is not possible to extend a customer’s use of the internet according to any cutting edge state of the art technical developments, especially when already committed to an unchanged level of charges.
  2. As long as NicSRS provides their services free of charge, the customer has no right to demand fulfillment. If necessary, NicSRS has the right in the future to offer such previously free of charge services as services for remuneration.
  3. NicSRS is authorized to make, in writing or by electronic message (ex. by e-mail) to the customer, a two-month notice message for adjustments to charges and service content, provided such message does not unreasonably prejudice the customer. Conditions and/or reasons for such performance and payment changes can be from technical or legal requirements (i.e. a change in market conditions in technical or calculated respects; see also 1(2)); also, in individual cases, a change could be required due to economic reasons, which have led to a disturbance of the equivalence ratio. Any such change will be made with a goal of achieving a balance of mutual interests between the parties, if possible. Simultaneously, the customer should be aware that any proposed amended term shall become part of the contract between the parties if the customer does not object to the amendment. If the customer objects the proposed amendment, then each party is entitled to an extraordinary written termination of the Agreement, with a deadline of 14 days before the change. In addition, the customer’s rights will be excluded therefrom.
  4. NicSRS is entitled, if necessary (i.e. due to technical need), to change IP addresses. A change of the IP addresses or the URL does not change the contract and, any other terms and conditions of the contract shall remain untouched and enforceable.
  5. The subject matter, scope and specifications of the contract, as well as any special system requirements, arise primarily from the contract and its annexes, any specific contract terms, or any other special arrangements. The individual contract is only valid if the customer had given a legally valid direct debit mandate, unless the parties have agreed to a different provision regarding payment. Up to this point, the customer has no right to demand fulfillment, but NicSRS may provide that service as an advance performance.
  6. Performance and delivery times are only binding with an express consent/ acceptance in writing, or by a completed certified electronic signature.

3. Price and Payment, Default

  1. The price list is valid unless other prices are expressly agreed to in the contract. The prices are directed exclusively to commercial customers and are net, i.e. does not include the applicable VAT. In the event of a change in the VAT rate during the contract’s term, NicSRS is entitled to adjust the end prices accordingly.
  2. Unless stated in the individual contract to the contrary, the fees are invoiced on a rotational schedule. An agreed upon monthly flat-fee will also be collected in advance. One-off charges, other fees and other variable expenses will be recovered after completion of the service. The customer authorizes NicSRS to deduct payments to be made by the customer via a direct debit mandate from an account specified by the customer. The customer is obliged to keep sufficient funds in this account. This obligation extends to subsequently incurred and variable charges, purchase prices, or commissions as well as new bank accounts of the customer. If the debit payment cannot be made due to insufficient funds in the customer’s account, or the payment is refunded at the request of the customer, NicSRS is entitled to collect the costs incurred (return debit charge) and to collect any additional minimum damages. Alternatively, payment by credit card (VISA/ MasterCard) is possible upon successful completion of a credit check. Even if granted, NicSRS reserves the right to not offer or accept payment by credit card.
  3. If the customer only partially uses the services, the customer is not entitled to a reduction in the fees unless the customer is entitled to a right of reduction under 4(3).
  4. The right of NicSRS to receive payment remains untouched when the quality of access decreases due to force majeure or due to other events that NicSRS is not responsible for (i.e. failure of communication networks and/or gateways of other operators). Further, the customer cannot derive any claims in any case (in particular recompense), if the fault does not extend for more than a working day. However, in the case of significant impairments that last for a substantial period (of at least 8 days), the customer is entitled to an immediate termination of the Agreement.
  5. Customer may only use or accumulate counterclaims when they are undisputed, deliberated by a court or are legally established claims.
  6. In case of delay, NicSRS will only claim the legal interest due. Even the occurrence of delay will be determined within statutory requirements. Upon a showing of good cause, NicSRS has the right to lock, at the customer’s expense, the customer’s website, return the domain to the respective contracting authority (the relevant Registry Operator), or, if the contract is for the provision of a virtual/dedicated server and/or a server housing, to at least temporarily disconnect the server from the network. If the customer acts as a Subprovider or Reseller, NicSRS is also entitled to lock the websites of the end customer or return the domains to the respective contracting authority (the relevant Registry Operator). In particular, good cause is if the customer is in delay with arrears in a high amount (see, 9(2)). In cases when NicSRS is contractually entitled to lock a customer, and locks the customer, the customer is still liable to pay the agreed-upon fees.

4. Warranty, Availability, Maintenance

  1. NicSRS ensures an annual average of availability of its internet web server of almost 100%. This excludes times when the web server is unavailable to access the internet due to technical or other problems that are beyond the control or responsibility of NicSRS (i.e. force majeure, fault of third party). NicSRS can also not guarantee an uninterrupted availability of data where time for technical work (ex. maintenance) must be provided for the customer and to a reasonable extent (maximum of 1% of the total running time on a regular basis). Notices for necessary interruptions for preventive maintenance will be provided to the customer at the earliest opportunity. Moreover, there is usually an availability of 24 hours a day, 7 days a week.
  2. NicSRS will work to resolve performance problems (i.e. their technical facilities) expeditiously and within the existing technical and operational possibilities. In the case of obvious faults found by the customer, the customer is to immediately alert NicSRS in writing about such errors (fault message).
  3. If services cannot be performed due to circumstances that are the responsibility of NicSRS, the customer must immediately inform NicSRS about the error in writing. If service has not been re-established or resumed within a reasonable deadline provided by the customer in the written notice, the customer is entitled to reduced charges to the extent in which NicSRS is not providing the services. From these provisions, the customer’s right by law to refuse performance remains untouched. Further, with good cause the customer has the right to extraordinary written termination of the Agreement. The extraordinary termination requires the customer gives NicSRS written notice of a reasonable deadline (usually at least one week) to provide the contractual services and that the grace period has expired without the services being provided.

5. Customer’s Duties and Obligations / Accountability

  1. The individual contract takes precedence in determining the customer's obligations. In addition, the following are also the responsibility of the customer: The customer is obliged to not abuse its access to the internet. In particular, for the purpose of proper use, the customer is obliged to:
    • not upload any content or information in the internet that violates a third party’s statutory or individual rights, or is contrary to public morals;
    • refrain from causing too much stress on networks by indiscriminately or improperly disseminating data, especially by sending e-mails with advertising without the express written consent of the recipient (prohibition of spamming);
    • follow agreed principles of data security (i.e. to keep access codes and passwords secret and to protect against unauthorized use by third parties) and to provide adequate protection measures against, and in particular to not disseminate, computer viruses;
    • immediately inform NicSRS about noticeable defects or damages in accordance with 4(2), second sentence (fault message), and to take all measures to provide and facilitate the elimination of the defects, including identifying the defects or damages and their causes;
    • appropriately refer those whom the customer allows to use the services of NicSRS to these obligations (see especially the following paragraphs); and
    • ensure fulfillment of statutory provisions and regulatory requirements, if this should be required for participation in the network, either now or in the future.
  2. The customer ensures that all data provided by him are current, accurate and complete. Further, the customer shall immediately notify NicSRS of any changes in the customer’s data.
  3. The customer is solely responsible to ensure that he has selected Address Names (domain names, e-mail addresses) that are free (available as a domain name), do not violate a third party’s statutory or individual rights, or are contrary to public morals.
  4. Also, the customer is solely responsible to ensure that any data uploaded into the network by the customer under the contract does not violate any third party’s rights.
  5. The customer is obliged to provide the necessary technical infrastructure (i.e. hardware, software, TCP/IP, browser, modem, telecommunications link, etc.) required for using the services of NicSRS. The customer is also obliged to provide the general administration required in handling the services of NicSRS, unless governed differently by the contract (i.e. fully managed server).
  6. The customer will examine within its means the proper service provisions of NicSRS.
  7. The customer is obliged to keep any passwords, access codes and/or personal passwords used in accessing the services of NicSRS secret, and to protect against unauthorized access by third parties. All statements made using the customer's access code shall be deemed made by the customer. Therefore, the customer bears the risk of unauthorized use of passwords. The customer shall immediately inform NicSRS about any unauthorized access of access codes or personal passwords by third parties as soon as the customer is aware of the access. Furthermore, the customer is required to change the password immediately if the customer has reason to believe that a third party could have gained knowledge of the password. Moreover, for personal safety reasons, the customer has to periodically change the password. If a personal password is repeatedly incorrectly entered, NicSRS is authorized to prevent access (regularly up to the following day). This also applies when NicSRS has a reasonable suspicion of unauthorized third party use of access codes. NicSRS will inform the customer as soon as possible when NicSRS has locked the customer's access.
  8. Further, the customer is obliged to comply with the relevant proper backup procedures in the network, i.e. for professional and commercial use, a backup of the data should be completed after each working day in which data in the database was changed by the customer or by one of the customer’s assistants or agents. When data is stored on NicSRS webservers, backup data shall not be stored on NicSRS webservers.. In particular, the customer must complete a full backup before installing hardware or software. This applies even before NicSRS begins any maintenance. If possible, the customer will be advised of the maintenance in due time.
  9. For a material breach of these obligations (i.e.. prohibition of spamming), NicSRS is entitled to, at its discretion, to immediately temporarily lock access to the internet, or, if the contract is for a virtual/dedicated server and/or server housing, disconnect the server from the network. Further, NicSRS reserves the right to temporarily lock, at the customer’s expense, internet sites with offensive or discriminatory content, or which contains content that is offending in any other way. NicSRS will immediately inform the customer about such measures and request the customer to remove the allegedly infringing content or to explain and, if necessary, to prove the content’s legality. The same applies if NicSRS is locking a website due to regulatory orders. NicSRS will unlock the content once the alleged illegality is disproven.
  10. In a material breach of duty, NicSRS is also entitled to terminate the contract without notice. Further, NicSRS reserves the right to delete insulting, discriminatory or legally questionable content, or to permanently block the website at the customer’s expense and to return the domain to the relevant registry/NIC (Network Information Center). When indicated, NicSRS reserves the right, if the contract is for a virtual/dedicated server and/or server housing, to permanently disconnect the server from the network. Before taking any such measure, NicSRS will inform the customer of its breach and set a reasonable deadline to correct the breach. If the deadline set by NicSRS is not feasible due to the seriousness of the infringement, NicSRS, at its discretion, may immediately execute each measure and will promptly inform the customer about the measures taken. A notice to the customer is also required when NicSRS is locking a website due to regulatory orders.
  11. If the customer is responsible for a breach of duty under 1 et seq., then the customer shall compensate NicSRS for any damage to NicSRS arising from the breach. The customer shall also indemnify NicSRS against any third party claims based on such a culpable breach of duty of the customer.

6. Data Protection

  1. The customer is specifically advised to the legal data protection regulations. NicSRS advises that in performing the contract in particular for the registration of domains, personal data (i.e. name, address) will be stored. For the purposes of performing the contract, this data may also be transmitted to third parties and will be published in the usual scope of identifying the owner of the domain (including any public query options in the Whois database). Address Data and possibly Negative Data (i.e. negative credit report) will be transmitted to affiliated companies of United Internet AG and to a central file that is maintained by United Internet AG for the purpose of protecting all affiliated companies. Other affiliated companies of United Internet AG provide this data and make it available for any legitimate interest and for a specified purpose.
  2. NicSRS advises to its customers that privacy in data transmission in open networks such as the internet, according to the current state of the art, cannot be guaranteed. In particular, it is possible that persons outside the responsibility of NicSRS will not respect the privacy of others.
  3. NicSRS informs its customers, as a precaution, that unencrypted data transferred online are not secure and could be read and modified by third parties; other internet users could be technically able to monitor or control the message traffic. Therefore, it is not recommended to send confidential information or other personal data unencrypted.

7. Confidentiality

Both parties agree to keep confidential information received during the course of performing the contract secret, especially those that are designated as confidential or are considered to be business or trade secrets, and – as far as not contractually required – shall neither record nor pass on or use such information otherwise. In particular, information regarding transactions, technical aspects and all other non-public information will be kept confidential. Appropriate contractual agreements with employees and/or agents ensuring unlimited non-disclosure of confidential information or unauthorized use of such confidential information will be concluded. Maintaining confidentiality also implies preventing unauthorized persons from having access to the confidential information. The confidentiality obligation shall extend beyond the duration of the contract.

8. Limitation of Liability and Claims

  1. NicSRS is fully liable for any damages caused by intent or by gross carelessness of NicSRS, one of its legal representatives or agents as well as for claims for damages resulting from injury to life, body or health. This applies to contractual and non-contractual (tort) claims. The same applies to liability for a guarantee or a warranty, but the guarantee or warranty must be given in writing. In cases where gross negligence can only be attributed to vicarious agents of NicSRS, the liability will be limited to the damages that arise within the typically expected scope of the contract.
  2. In cases of slightly careless breach of a contractual or an ancillary, the violation of which endangers the purpose of the contract or the general fulfillment of the proper performance of the contract and the customer was entitled to rely on the fulfillment (hereinafter “essential ancillary obligation”), the liability is limited to the damage typically foreseeable at the execution of the contract. NicSRS shall not be liable for cases of slightly negligent breaches of non-essential ancillary obligations.
  3. The liability for any damages from delays or impossibilities to perform the contract that NicSRS is responsible for shall also be limited to the damage typically foreseeable that arise within the scope of the contract. In cases of only slight carelessness, NicSRS is only liable for direct damages. This limitation also applies to cases of liability for breach of other legal interests of the customer.
  4. In cases of slight carelessness, NicSRS is not liable for content or programs (software) that are disseminated over the internet and for any eventual damages of any kind arising from such dissemination (error of network infrastructure, defective media, etc.). This limitation also applies when standard software applications (i.e. MS Word, Linux Operating System, etc.) are used with NicSRS software. In any case, the customer is solely responsible for the customer’s use (for example, on the server) of any software, including licensed software.
  5. For cases of liability when the event was caused by a third party, then the liability of NicSRS shall also be limited to the same extent as the third party’s liability, unless (1) the damage is the result of intent or gross carelessness on the part of NicSRS, their legal representatives or agents, (2) there is a violation of a fundamental contractual obligation, or (3) the damages are resulting from an injury to life, body or health.
  6. Further, the amount of liability for financial and personal property damages shall be limited to damages typically foreseeable at the execution of the contract.
  7. NicSRS assumes no liability for the proper functioning of infrastructures and transmission systems of the internet or for information transmitted via said systems (neither for the completeness, accuracy or timeliness nor that the information is free of rights), unless NicSRS is responsible for it. Further, NicSRS shall not be liable for loss of use that occurred outside their area of responsibility or was inflicted by third parties.
  8. The above rules shall also apply to the employees and other agents of NicSRS.
  9. The customer should also be aware that NicSRS has no effect on the transfer rate on the internet as well as the content or information provided therein, and as a result, NicSRS is not responsible for such. In particular, NicSRS is not obliged to check the internet presence of its customers or resellers to their end customers for possible violations of the law. The customer is solely responsible for false content or data on their site (especially on the server). However, after gaining knowledge of rights violations or illegal content, NicSRS is entitled to terminate the corresponding web page, at the expense of the client; if necessary, NicSRS also reserves the right, as far as the contract is for the provision of a virtual/ dedicated server and/or a server housing, to disconnect the server from the network. The right to lock or disconnect, in addition to Section 5, also applies in instances where the customer may eventually have no culpability/fault for a violation. NicSRS will inform the customer of such measures as soon as possible.
  10. Claims against NicSRS for ancillary contractual obligations expire in six months unless the claims are due to a defect; in other cases, the limitation period in cases of a defect is for one year, starting with the statutorily defined beginning date. This does not apply to damages deliberately caused by NicSRS, their legal representatives or their agents, as well as for claims in tort.
  11. NicSRS will have claims for damages against the customer for a breach of the customer’s duties and obligations pursuant to 5(1), et. seq., that the customer was responsible for. In such cases, the customer, in addition to injunctive relief, is liable to compensate NicSRS for the damages suffered or incurred, and shall indemnify and hold harmless NicSRS from any damages or reimbursements to third parties from said violation. Other claims of NicSRS (ex. blocking of content, extraordinary termination) remain untouched.

9. Termination

  1. Provider service contracts run for an initial minimum contract period (usually for one year; see individual contract). If the contract termination is not received in time at the end of the contract period, the contract will be extended by another year.
  2. H) Extraordinary early termination for good cause remains untouched, especially in the cases provided in these Terms and Conditions (i.e. 2 (3), 3(6)). For NicSRS, good cause is when:
    • the customer is in arrears for two consecutive months, or owes a substantial portion of the compensation due, or for more than a two-month period owes an amount equal to at least a bi-monthly payment;
    • the customer has applied or filed insolvency proceedings, or the opening was rejected for insufficient funds.
  3. Every termination shall only be valid when made in writing, or of an electronic declaration created using a qualified electronic signature; a (simple) email is not sufficient, even after any possible legal amendment.
  4. In the event of a termination, NicSRS is not obliged to refund the customer the agreed fee for the minimum contract period. This provision also applies for the respective payments owed during the renewal period. This provision applies regardless of which party terminated the contract, unless the customer’s termination is for a good cause that is the responsibility of NicSRS.
  5. The customer’s claims for compensation are excluded at the completion of the contract.

10. Place of Performance and Jurisdiction/Venue

  1. The Place of Performance is the headquarters/domicile of NicSRS.
  2. The Court of jurisdiction/venue for all disputes arising from the contractual relationship is Singapore, if the customer is a merchant, a legal entity under public law or a special fund under public law, or if the customer has no domestic jurisdiction. NicSRS can also file a suit in the jurisdiction/venue of the customer. This also applies for the assertion of a compensatory claim.

11. Final Provisions

  1. The applicable law for any claims and disputes arising out of the contracts, which are concluded on the basis of these policies and agreements, excluding applicable provisions available under the UN Convention on the International Sale of Goods.
  2. There shall be no additional oral agreements. Unless it is not about changing these Terms and Conditions, pursuant to 1(2) and 2(3), any changes or amendments must be made in writing. This also applies for an amendment of the writing requirement.
  3. The customer may only transfer their rights and obligations under this contract to a third party with the prior written consent of NicSRS.
  4. If any provision of a contract concluded on the basis of these Terms and Conditions or if any provision within these policies and agreements is deemed invalid, the remaining provisions within these policies and agreements shall remain untouched. In such a case, the parties will be obliged to replace the ineffective term and condition with a valid one that reflects the economic purpose of the ineffective provision.