Terms of Service

1. INTRODUCTION.

In this AGREEMENT, “Client”, “Customer,” User, “you” and “your” refer to each customer or user and “we,” “us” and “our” refer to Vastus d.o.o., owner of vastusdomains.com. Vastus d.o.o. and vastusdomains.com may be used interchangeably throughout this Agreement, or aggregately referred to as “Vastus d.o.o.”, but each, whether standing alone or in conjunction with each other, constitute one and the same party for purposes of this Agreement. This Agreement explains our obligations to you, and your obligations to us, in relation to your use of our services. By selecting the services of Vastus d.o.o. you have agreed to all of the terms contained herein. If you do not agree to be bound by these Terms of Use, please do not use or access the services on our site. The following Terms and Conditions as described in this section (hereinafter “TOS”) shall apply to you and the services provided by us.

2. BACKORDERS AND OTHER SERVICES.

Vastus d.o.o. offers domain backorders, pre-orders, alerts and other services to its customers. After you have successfully ordered a domain through us, we will make good faith efforts to secure that backordered domain if it subsequently becomes available. There is no initial fee for placing a backorder and you will only be charged if Vastus d.o.o. is successful in securing that domain on your behalf. Successful domain registrations will be held by our affiliated, registrar partner GoDaddy. Upon registration per ICANN requirements, the domain must stay at the current registrar for 60 days before it can be transferred. Our current registrar partners also have TOS that you must also agreed to be bound by in conjunction with the utilization of our services. These Terms can be found here www.godaddy.com. We recommend that you review these terms before using our service. Successful orders will be registered at the registry for a one-year term or such longer minimum term as required by the registry. Registration fees for such initial registration term are included in your initial fees payable to us. We at Vastus d.o.o. will, in turn, use commercially reasonable efforts to register a backordered domain on your behalf through our registrar affiliate. However, we do not and cannot guarantee the successful acquisition or registration of any domain, and by utilizing our services, you hereby waive any claim against us for breach of warranty, whether expressed or implied, or other cause of action for not being able to ultimately acquire the domain at issue. Upon successfully acquiring the domain for you, we will point the dns to their nameservers to help facilitate the transaction. This page may show visitors that the domain has recently been registered via the Vastus d.o.o. service and may include promotional or other information (including without limitation hyperlinks) as determined by Vastus d.o.o. and our affiliated, partners and/or strategic allies, in our sole discretion. You agree that any and all revenue generated from such web page inures to the benefit of Vastus d.o.o. You may modify the nameserver information and discontinue use of the page for any particular domain at any time, with or without notice to us, by logging into your registrar account and making such changes accordingly.

3. FEES & PAYMENT.

As consideration for the services you have selected, you agree to pay Vastus d.o.o. the applicable service(s) fees set forth on our website at the time of your selection. You agree to keep your credit card information accurate and current with us at all times. You agree that we reserve the right to increase our fees and you agree to be bound by any fee increase. All fees are due immediately upon a successful backorder registration and are non-refundable. We may take all remedies available to collect fees owed and may recover from you all costs and expenses (including reasonable attorney fees) incurred by us to collect such fees. In the event of non-payment, reversal of payment, or a charge back by a credit card company or other payment provider, in addition to any other remedies, we may, in our sole discretion, take any of the following actions: (i) transfer any domain that you have acquired through the vastusdomains.com service to Vastus d.o.o. as the paying entity for the registration; (ii) delete the backordered domain; and (iii) suspend or terminate your account and any or all backordered domains. Vastus d.o.o. reserves the right to charge an administration fee to cover our time and expense associated with the recovery of payment in the event of non-payment, reversal of payment, or a charge back by a credit card company or other payment provider.

Pre-Authorization charges: While entering your payment information on our domain reservation form or while otherwise availing yourself to our domain registration services, you are reserving exclusive ownership of the domain, you are agreeing to purchase it for the offered price, and upon our offered payment terms. Your credit card will not be charged until your chosen domain is ready to be shipped at or about the estimated shipping date; however, by entering into this Agreement, you hereby authorize Vastus d.o.o. to charge your credit card once you are provided an email notification that your domain has been shipped, which is always accompanied by transfer instructions. All credit card sales are final, and you agree to indemnify, defend and hold Vastus d.o.o., as well as its owners, employees, agents, Registry Operators, contractors, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to our charging your credit card as pre-authorized by you upon executing this Agreement.

4. TERM OF SERVICE.

Unless otherwise specified, our service, including backorders, is for an initial term of one (1) year.

5. ACCURATE INFORMATION.

In order for Vastus d.o.o. to successfully register or acquire a domain through one of our affiliates on your behalf, you must supply us with complete, accurate and current required registration information. As further consideration for our service(s), you agree to: (i) provide certain current, complete and accurate information about you as required by the domain name application process; (ii) maintain and update this information as needed to keep it current, complete and accurate; and (iii) respond within fifteen (15) calendar days to any request by us to update or confirm the accuracy of your information. We rely on this information to carry out our services for you and comply with the requirements of the registries of domain names and to send you important information and notices regarding your account and our services. Any failure by you to provide or update such information or to respond to our request is a material breach of this Agreement and may result in our inability to successfully get a domain on your behalf and we may, in our sole discretion, elect to cancel the services without further notice to you. You also acknowledge that our registrar affiliates, partners and strategic allies are required to make this information publicly available on a WHOIS database as expressed in such registrars’ service agreements, and you consent to such disclosure. In addition, you must keep your vastusdomains.com user information (including without limitation your name, credit card information and email address) accurate and current so that we may reliably communicate with you regarding the status of your backorders and other Vastus d.o.o. services you may be using, and collect payment for service fees in a timely manner. If you do not supply accurate and complete contact and credit card information to us, we will be unable to perform our services to you, such act will be considered a material breach of this Agreement, and we may, in our sole discretion, elect to cancel the services without further notice to you. Our privacy statement, located on our website at https://vastusdomains.com/privacy-policy/, and incorporated herein by this reference, sets forth your and our rights and responsibilities with regard to your personal information. You agree that you are entirely responsible for your Account security by, inter alia, maintaining the confidentiality of your customer number/login, password, credit card number, and shopper PIN (collectively, the “Account Access Information”). You agree You are entirely responsible for any and all activities that occur under Your account.

You agree to notify Vastus d.o.o. immediately of any unauthorized use of Your account or any other breach of security. You further agree that Vastus d.o.o. will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Vastus d.o.o. due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means, and Vastus d.o.o. specifically disclaims liability for any activity in Your account, whether authorized by You or not.

6. THIRD-PARTY INFORMATION.

You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the third party’s personal data. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.

7. MODIFICATIONS TO AGREEMENT.

Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may revise the terms and conditions of this Agreement and/or change the services provided under this Agreement at any time. Any such revision or change will be binding and effective ten (10) calendar days after the revised Agreement or change to the service(s) is posted on the vastusdomains.com website. You agree to periodically review our website, including the current version of this Agreement available on our website, to be aware of any such revisions. If you do not agree with any revision to the Agreement or change to the services, you may terminate this Agreement at any time. Any fees paid by you prior to termination of your Agreement with us are non-refundable, but you will not incur any additional fees. By continuing to use our services ten (10) calendar days after any revision to this Agreement or change in service(s) is posted on our website, you agree to abide by and be bound by any such revisions or changes. We are not bound by and you may not rely on any representation concerning this Agreement or our services made by: (i)any agent, representative or employee of any third party that you may use to apply for our services; or (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Vastus d.o.o. or any affiliate, partner or strategic ally of vastusdomains.com is authorized to alter or amend the terms and conditions of this Agreement.

8. PROHIBITED CONDUCT.

You agree that you will only use our services for lawful purposes. We have no responsibility to monitor your use of domains we acquire on your behalf, and you hereby indemnify and hold us harmless from your use of the domain/s following your acquisition of same. We reserve the right, in our sole discretion to terminate this Agreement if we determine that you are engaging in unlawful and/or tortious activities. Acceptable use policy of the domain names you purchase from us exclude using domain name to conduct mass and bulk emailing (SPAM), identity theft and other forms of fraud including but not limited to charging for services not provided (SCAM), charging for services false advertised then using the information for creadit card fraud (PHISHING) and similar unlawful activities.

9. DISPUTE POLICY.

If we successfully register a backordered domain on your behalf through one of our affiliates, partners and/or strategic allies, you agree to be bound by ICANN’s Uniform Domain-Name Dispute-Resolution Policy (the “ICANN UDRP”) that is incorporated herein and made a part of this Agreement by reference. The current version of the ICANN UDRP may be found at ICANN’s Web site: www.icann.org. Please take the time to familiarize yourself with that policy. In addition, you agree that, if your use of any domain name registered on your behalf by Vastus d.o.o. is challenged by a third party, you will be subject to the provisions specified in the dispute policy of the registering registrar in effect at the time of the dispute. In addition to such dispute policy, you will indemnify and hold vastusdomains.com harmless pursuant to the terms and conditions set forth in this Agreement. We will not participate, in any way, in any dispute between you and any third party regarding the registration and use of any domain, but in the event that we are named as a party in a proceeding, we reserve the right to collect from you all reasonable attorney fees incurred in any such actions as we deem necessary to defend ourselves.

10. AGENTS.

You agree that, if your agent purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the ICANN UDRP and the dispute policy, whether your agent was authorized by you or not. You certify that your agent is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund any fees paid by you or your agent on your behalf for any reason based on any act or omission of your agent.

11. NOTICES AND ANNOUNCEMENTS.

You authorize us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to services and/or other relevant matters. If you do not wish to receive bulk email solicitation notices or announcements please select the opt out link provided.

12. LIMITATION OF LIABILITY.

To the extent permitted at law, Vastus d.o.o., its owners, affiliates, partners, strategic allies, agents, independent contractors, assigns and successors in interest will not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the Vastus d.o.o.’s services or for the cost of procurement of substitute services. We hereby disclaim any and all loss or liability resulting from, but not limited to: (i) any failure or inability to acquire a domain name on your behalf; (ii )any third party claims arising from or based on your use of our services; (iii) access delays or access interruptions; (iv) data non-delivery or data mis-delivery; (iv) acts of God; (v) the unauthorized use or misuse of your Account name or password; (vi) errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (vii) the deletion of or failure to store data of any kind; (viii) the development or interruption of your website; (ix) our processing of your application for our services, our processing of any authorized modification to your record or your agents failure to pay any fees, our fees or re-registration fees; (x) the application of the ICANN UDRP or the Dispute Policy; (xi) any other dispute policy applicable to your domain; (xii) any consequential or incidental damages alleged to have been incurred by you as a result of our services; or (xiii) any lost profits, whether actual or potential, present or future. You agree that our entire liability with respect to any Vastus d.o.o. service(s) provided hereunder and/or for any claimed breach of this Agreement is solely limited to the amount you paid for such service(s) as the sole and exclusive remedy for any such dispute.

13. INDEMNITY.

You agree to release, indemnify, and hold Vastus d.o.o., Incl,, vastusdomains.com, as well as our owners, shareholders, partners, contractors, agents, employees, officers, directors, affiliates, strategic allies, assigns and successors in interest, harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising from your domain name registration or use of your domain name or the Vastus d.o.o. services provided hereunder. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from your domain name registration or use of your domain name or the Vastus d.o.o. services provided hereunder, you agree to reimburse us, at a reasonable, verifiable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all reasonable attorney fees and expenses incurred by us with respect to such suit or claim. In addition, you further agree to indemnify and hold harmless the applicable registry operator and its directory, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration.

14. BREACH.

You agree that your failure to abide by any provision of this Agreement, any Vastus d.o.o. operating rule or policy, and/or the ICANN UDRP dispute policy may be considered by us to be a material breach of this Agreement and that we may, in our sole discretion, elect to cancel the services without further notice to you. We will not refund any fees paid by you prior to the termination of your Agreement due to your breach. Any such breach by you will not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.

15. NO GUARANTEE.

You agree that, the registration of your chosen domain name does not confer immunity from objection to either the registration or use of your domain name.

16. REPRESENTATIONS AND WARRANTIES.

You represent and warrant that: (i) the information that you or your agent on your behalf provide to us during the application process to register your domain name or to apply for other Vastus d.o.o. services is, accurate and complete, and that any future changes to this information will be provided to us in a timely manner; (ii) to the best of your knowledge and belief neither the registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of any third party; (iii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder; (iv) you have selected the necessary security option(s) for your registration record; and (v) you are of legal age to enter into this Agreement.

17. RELEASE.

You hereby release Vastus d.o.o. and vastusdomains.com, as well as our partners, affiliates, strategic allies, contractors, agents, employees, officers, directors, shareholders, affiliates, assigns and successors in interest from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our services. If you are a California resident, you waive California Civil Code §1542, which states, in pertinent part, a follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

18. DISCLAIMER.

You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an “as is,” and “as available” basis. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, THAT WE WILL BE ABLE TO REGISTER ANY PARTICULAR DOMAIN ON YOUR BEHALF, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Vastus d.o.o. reserves the right to terminate any of its services at any time, with or without notice to you. In the event of such termination, your sole remedy will be to request a refund of any amounts paid to Vastus d.o.o. for services that were not completed in whole or in part. In the event that a service was partially completed, you may request a refund of the pro-rata portion of such fee for uncompleted services.

19. RIGHT OF REFUSAL.

We, in our sole discretion, reserve the right to refuse to acquire your backordered domain name on your behalf or register you for other vastusdomains.com service(s). You agree that we will not be liable to you for loss or damages that may result from our refusal to register your domain name or our refusal to register you for other vastusdomains.com service(s).

20. SEVERABILITY.

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision shall be removed from this Agreement, but only to the extent necessary to remove such invalid or unenforceable portion only. The remainder of such provision at issue shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, while the parties hereto agree that the remaining terms and provisions of this Agreement will remain in full force and effect.

21. INTEGRATED AGREEMENT.

You agree that this Agreement, the rules and policies published by us, the ICANN UDRP, the EURid dispute policy, the dispute policy and the privacy statement constitute the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies, the ICANN UDRP, the EURid dispute policy, the dispute policy and the privacy statement supersede all prior agreements, representations and understandings, whether oral or written, whether established by custom, practice, policy or precedent.

22. NON-ASSIGNMENT.

Your rights under this Agreement are not assignable. Any attempt by you to assign your rights will render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, will render this Agreement voidable at our sole option.

23. GOVERNING LAW.

You agree that this Agreement and any disputes hereunder will be governed in all respects by and construed in accordance with the laws of the Republic of Croatia. For all matters arising from this Agreement or your use of Vastus d.o.o.’s services, including, but not limited to, claims in which your use of our domain name registration services is challenged by a third party, you agree to submit to the Croatia Trgovacki Court for the Osjecko Baranjska County, Osijek as the exclusive subject matter jurisdiction, personal jurisdiction and venue for any such claim.

24. AGREEMENT TO BE BOUND.

By applying for the service(s) of Vastus d.o.o. or an affiliate through our online application process or by backordering a domain name using the service(s) provided by vastusdomains.com or its affiliates under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the ICANN UDRP, the dispute policy and any pertinent rules or policies that are or may be published by vastusdomains.com, ICANN.

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