POLICY AND AGREEMENT
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
- 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
- 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.
- These policies and agreements, as well as additional applicable special policies and agreements,
(i.e. for Domains, or SSL Certificates), are available at www.nicsrs.com.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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).
- 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.
- Customer may only use or accumulate counterclaims when they are undisputed, deliberated by a court
or are legally established claims.
- 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
- 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.
- 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
- 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
- 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.
- 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.
- 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.
- 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.
- 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).
- The customer will examine within its means the proper service provisions of NicSRS.
- 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.
- 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.
- 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.
- 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.
- 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
6. Data Protection
- 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.
- 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.
- 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.
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
- 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.
- 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
- 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
- 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.
- 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.
- Further, the amount of liability for financial and personal property damages shall be limited to
damages typically foreseeable at the execution of the contract.
- 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.
- The above rules shall also apply to the employees and other agents of NicSRS.
- 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.
- 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.
- 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.
- 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.
- 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
- the customer has applied or filed insolvency proceedings, or the opening was rejected for
- 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.
- 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.
- The customer’s claims for compensation are excluded at the completion of the contract.
10. Place of Performance and Jurisdiction/Venue
- The Place of Performance is the headquarters/domicile of NicSRS.
- 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
- 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.
- 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.
- The customer may only transfer their rights and obligations under this contract to a third party with the prior written consent of NicSRS.
- 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.