Product Terms and Conditions for SingNet .SG Domain Name Registration Service

 

The agreement between the Customer and SingNet contains the following Product Terms and Conditions. By completing and submitting an application to SingNet for consideration and acceptance by SingNet, the Customer agrees that he/she has read and agrees to be bound by these Product Terms and Conditions.

 

 

1. Definitions

 

1.1       In these Product Terms and Conditions, the following words and expressions shall have the following meanings:

 

“Agreement” means the written agreement or an electronic agreement, which is equivalent at law to a written agreement, entered into between the Parties upon SingNet’s acceptance of the ACA form submitted by the Customer together with all references to the General Terms, the SingNet Specific Terms, these Product Terms and Conditions, as well as SGNIC’s Registrant Agreement and rules, policies, procedures and regulations as documented in the RPPG and SDRP;

                       

“Application cum Agreement for SingNet .SG Domain Name Registration Service” or “ACA Form” means the application form duly completed and submitted by the Customer (offline or online) together with these Product Terms and Conditions;

 

“Bill” means any bills, invoice or statement issued or rendered by or for and on behalf of SingNet of any charge, fee or other sum stated therein as due or payable to SingNet under these Product Terms and Conditions;

 

“Customer” means the person, business or corporate entity, or organization whose application for the Service is received by SingNet;

 

“Domain Name” refers to the domain name that the Customer has requested for in the ACA Form that he has completed and submitted to SingNet;

 

“General Terms” means the General Terms and Conditions of Service, which is available for inspection in the website accessible at url address “http://www.singtel.com”, as may be amended or varied by SingNet or its related corporations from time to time;

 

“Initial Contract Term” shall mean a period of one (1) calendar year or such other period as may be stipulated by the Customer in the ACA Form;

 

“Parties” means the Customer and SingNet jointly and “Party” shall mean either the Customer or SingNet, as the context may require;

 

“Registrant Agreement” means the terms and conditions forming the agreement between SGNIC and the Customer regarding the registration of a Domain Name by the Customer, whose terms and conditions are available for inspection in the SGNIC website accessible at url address “http://www.nic.net.sg”;

 

“Registry Database” means a database of all .SG domains maintained by SGNIC;

 

“RPPG” means all rules, policies, regulations and procedures that SGNIC has adopted, which is available for inspection in the SGNIC website accessible at url address “http://www.nic.net.sg”, as may be amended and supplemented by SGNIC from time to time;

 

"SDRP" means the Singapore Domain Name Dispute Resolution Policy, Rules and all the Supplemental Rules with respect to any dispute resolution services that SGNIC has adopted, which is available for inspection in the SGNIC website accessible at url address “http://www.nic.net.sg”, as may be amended and supplemented by SGNIC from time to time;

 

“Service” means (i) in relation to new .SG domains, the registration, maintenance or renewal of Customer’s Domain Name in the Registry Database, or (ii) in relation to existing .SG domains, the transfer-in, maintenance or renewal of Customer’s Domain Name in the Registry Database, all on such terms and conditions as are set up in these Product Terms and Conditions;

 

“Service Activation Date” means (i) in relation to new .SG domains, the date that SingNet registers the Domain Name in the Registry Database, or (ii) in relation to existing .SG domains, the date that SingNet transfers the Domain Name from the Customer’s previous registrar to SingNet in the Registry Database;

 

“.SG domains” means domain names bearing “.sg” as a top level domain;

 

“SGNIC” means Singapore Network Information Centre Private Limited, the .SG domains registration authority, and its successors;

 

"SingNet" means SingNet Private Limited, who has been appointed by SGNIC to be an accredited registrar, and its successors;

 

“SingNet Specific Terms” means SingNet’s Specific Terms and Conditions, which is available for inspection at the SingNet website accessible at url address “http://www.singnet.com.sg” as may be amended or varied by SingNet from time to time;

 

“Term” means the Initial Contract Term and any renewal or variation thereof, as the case may be;

 

“WHOIS” means the public query-based access through a directory look up system to a searchable database maintained by SGNIC, which contains information about networks, networking organizations, and .SG domains.

 

1.2       Words referring to the singular only shall also include the plural and vice versa where the context requires.

 

1.3       Words referring to the masculine gender shall include the feminine and neutral genders.

 

1.4       The titles of the Clauses in this Agreement are for convenience of reference only and are not part of this Agreement and shall not in any way affect the interpretation thereof.

 

2. Duration & Commencement of Agreement

 

2.1       The Initial Contract Term shall commence on the Service Activation Date.

 

2.2       The minimum period of subscription of the Service shall be the Initial Contract Term.

 

2.3       This Agreement shall be automatically renewable for subsequent consecutive terms each extending for the period on the Initial Contract Term unless terminated in accordance with the terms of this Agreement.  The terms and conditions of this Agreement shall continue to apply for each renewed term.

 

3. Charges and Payments

 

3.1       The Customer shall be liable to pay in advance all charges, fees, costs or other amounts whatsoever in relation to the Service as shown in SingNet’s Bill (hereinafter separately and collectively referred to as “Charges”).

 

3.2            SingNet shall not in any event be liable to refund either all or part of any Charges paid by the Customer in the event of a termination of this Agreement and/or termination/suspension of the Service for any reason whatsoever.

 

 

4. Non-Cancellation of Request

 

The Customer shall not be allowed to withdraw the ACA form upon submission.

 

5. Obligations of Customer

 

5.1       When applying for a Domain Name, the Customer represents to SingNet and warrants that:

           

a)      the Domain Name applied for does not infringe any registered trademark in Singapore;

 

b)      the Domain Name is not identical to or confusingly similar with either a registered trademark, company or business name in Singapore;

 

c)       the Domain Name does not infringe the rights of any third parties in relation to any applicable treaties or agreements;

 

d)      the Domain Name applied for is for its own organizational use;

 

e)      the Customer will not allow another party to use the Domain Name, whether for profit or otherwise; and

 

f)        the registration and/or use of the Domain Name does not infringe with the legal rights of any party in Singapore.

 

5.2       The Customer shall provide to SingNet complete and accurate data and promptly correct and update SingNet of any changes thereto during the Term.

           

5.3       The Customer’s wilful provision of incomplete and inaccurate or unreliable information, its wilful failure promptly to update information provided to SingNet, or its failure to respond for over 15 days to inquiries by SingNet concerning the accuracy of contact details associated with the Customer’s registration shall constitute a material breach of this Agreement and be a basis for cancellation of this Agreement and the Service.

           

5.4       The Customer acknowledges and agrees that registration of a Domain Name does not create any proprietary right for him, SingNet or any other person in the name used as a Domain Name or the Domain Name registration and that the entry of a Domain Name in the Registry Database or in the WHOIS system of the Registry shall not be construed as evidence or ownership of the Domain Name registered as a Domain Name. The Customer shall not in any way transfer or purport to transfer a proprietary right in any Domain Name registration, or grant or purport to grant as security or in any other manner encumber or purport to encumber a Domain Name registration. The Customer shall represent that, to the best of the Customer’s knowledge and belief, neither the registration of the Domain Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

           

5.5       The Customer is required to have ready latest by the Service Activation Date at least two operational domain name servers, which will be published on the Internet as being authoritative for the Domain Name. These domain name servers shall be operational, connected to the Internet and shall respond to queries for the Domain Name. Non-compliance with this requirement shall render the Domain Name to be deleted by SGNIC.

 

5.6       Upon notification from SingNet that SingNet is no longer a SGNIC accredited registrar, has had its accreditation as a SGNIC accredited registrar suspended or terminated, the Customer is responsible for changing its registrar of record to a new SGNIC accredited registrar in the manner prescribed in the RPPG.

 

 

6. Obligations of SingNet

 

6.1       In consideration of the Customer’s payment of the Charges and compliance with these Product Terms and Conditions, SingNet shall provide the Customer the Service requested by the Customer in accordance with these Product Terms and Conditions.

 

6.2       In the event that SingNet is no longer a SGNIC accredited registrar, has had its accreditation as a SGNIC accredited registrar suspended or terminated, SingNet shall immediately give notice to the Customer in a form or manner as prescribed by SingNet.

 

7. Application and Registration of Domain Names

 

7.1       SGNIC maintains a list of prohibited domain names not available for registration. In addition, SGNIC may reject or refuse the Domain Name selected by the Customer. The Customer acknowledges that even if SingNet has approved an application or a registration for a Domain Name, it may still be rejected by SGNIC in performing the final check. The Customer agrees that SGNIC may cancel or suspend a registration approved by SingNet, as SGNIC in its sole discretion determines not in conformity with its policies, procedures and guidelines for registration. SingNet does not take responsibility nor shall it be liable for any losses or claims whatsoever if SGNIC rejects the Customer’s application.

 

7.2            SingNet shall register domain names on a first come, first served basis. Customers are advised not to take any steps in reliance and SingNet shall not be liable for any such reliance upon the prospective registration of a domain name before it becomes a registration entered in the Registry Database. SingNet does not guarantee that the Domain Name picked is available, and shall not be held liable in the event that this Domain Name is not available for registration.

 

8. Use of Personal Data

 

The Customer consents to having its details, including but not limited to the customer name, particulars, domain name server particulars, activation date and domain name status published in the SGNIC WHOIS database.

 

9. Right of Refusal

 

SingNet, in its absolute discretion, reserves the right to refuse to accept the registration Agreement for any Customer without giving any reason therefor. The Customer agrees that the submission of an application does not obligate SingNet to accept the Agreement. The Customer agrees that SingNet shall not be liable for loss or damages that may result from SingNet’s refusal to accept the Agreement.

 

10. Termination of Service by Customer

 

10.1     The Customer may terminate this Agreement by giving SingNet at least thirty (30) days prior written notice.

 

10.2     The effective date of notice of termination shall be the date of receipt of the said written notice by SingNet.

 

11. Suspension or Termination of Service by SingNet

 

11.1            Without prejudice to SingNet’s right of termination stipulated elsewhere in this Agreement, SingNet reserves the right to terminate this Agreement and/or its provision of the Service, without being liable to the Customer in damages or otherwise for such termination, by giving to the Customer at least thirty (30) days prior written notice and is not bound to give any reason whatsoever for such termination.

 

11.2            Without prejudice to Clause 11.1 above and notwithstanding the waiver of any previous breach, SingNet may suspend (indefinitely or for such period as SingNet may consider appropriate) or terminate (including terminate after suspending) the provision of the Service or the registration of the Domain Name at any time after the occurrence of any of the following events, without giving any prior written notice thereof to the Customer:

 

(i)         the Charges payable under these Product Terms and Conditions or any other terms and conditions with SingNet are in arrears, or the  Customer has breached or is likely to breach any term under these Product Terms and Conditions or any other terms and conditions with SingNet;

 

(ii)        SingNet is of the opinion that the Customer has used or is likely to use the Service in breach of any law;

 

(iii)       the Customer shall be adjudged bankrupt or a receiving order be made against him or if he makes any composition or arrangements with or assignment for the benefit of its creditors;

 

(iv)       the Customer shall have a winding-up petition presented against it or have a judicial manager, a receiver and/or a receiver and manager appointed;

 

(v)               the Customer ceases or threatens to cease business;

 

(vi)              SingNet is instructed or requested to do so pursuant to any provision, instruction, regulation, directive, order of any governmental, regulatory or competent authority or court of law; or

 

(vii)      the Customer has perpetrated a fraud on SingNet or any of its related corporations and affiliates (“Affiliates”) or has conducted itself in a manner which may result in perpetrating a fraud on SingNet or any of its Affiliates.

 

11.3     Any suspension or termination of the Service, cancellation of the registration of the Domain Name or termination of this Agreement shall not affect the rights of SingNet or the obligations of the Customer under this Agreement or any indemnity given by the Customer to SingNet hereunder or operate as SingNet’s waiver of any breach by the Customer, and shall be without prejudice to any rights, liabilities or obligations of which SingNet has accrued up to the date of such suspension or termination.

 

12. Dispute Resolution

 

12.1     The Customer agrees that its registration of the Domain Name shall be subject to suspension, cancellation, or transfer pursuant to these Terms and Conditions, as well as the RPPG and SDRP, and in particular, but without limitation, (1) to correct mistakes in registering the Domain Name; or (2) for the resolution of disputes concerning the Domain Name. The Customer agrees that SGNIC shall have the right, at any time and from time to time, to amend the RPPG and SDRP.

 

12.2            SingNet and SGNIC shall not be involved in any dispute that the Customer may have with any third party. Any dispute arising from the registration and use of a Domain Name shall be determined in accordance with the SDRP.

 

13. Indemnity

 

The Customer agrees to indemnify, defend and hold harmless SingNet as well as their directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses arising out of or related to the Service or the Customer’s application for, registration or use of the Domain Name.

 

 

14. Limitation of Liability

 

14.1     Under no circumstances shall SingNet be liable in any way to the Customer whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any special, incidental or consequential damages, or for interrupted communications, lost data or lost revenue or profits by the Customer howsoever caused or arising, including but not limited as a result of, or in connection with the Service, hereunder, the Domain Name's suspension, cancellation, deletion, interruption or transfer due to procedures, rules or policies laid down by SGNIC or SingNet; SGNIC's or SingNet’s refusal to grant the Customer the Domain Name for whatever reason, loss of data or income incurred by the Customer due to a malfunctioning in SingNet's systems, or any breach or failure by SingNet to perform any of its obligations under this Agreement.

 

14.2     The Customer acknowledges and agrees that, in no event shall the Customer pursue any claim against SGNIC, and in no event shall SGNIC be liable for any direct, indirect, special, punitive, exemplary or consequential damages including but not limiting to damages resulting in loss of use, lost profit, lost business revenue or third party damage or arising from any other breach by SingNet of its obligations under any agreement between SingNet and the Customer or the registrar accreditation agreement between SGNIC and SingNet.

 

 

15. Variation and Waiver

 

SingNet reserves the right to amend and vary this Agreement from time to time as it deems fit without notice to you.

 

 

16.            Governing Law and Jurisdiction

 

This Agreement shall be subject to and construed in accordance with the laws of the Republic of Singapore and in relation to any dispute arising between the parties which is outside of the scope of the SDRP, the parties hereto submit to the exclusive jurisdiction of the Singapore Courts.

 

 

17. SGNIC Terms, General Terms and SingNet Specific Terms

 

17.1     The Customer has read, understood and agreed to all the policies, rules and procedures of SGNIC documented on the RPPG and SDRP.

 

17.2     The Customer has read, understood and agreed to SGNIC’s Registrant Agreement.

 

17.3     The Customer agrees that SGNIC shall have the right to enforce all terms of the this Agreement in accordance with the Contracts (Rights of Third Parties) Act 2001.

           

17.4     The Customer shall be bound by and shall fully observe and comply with all the General Terms, the SingNet Specific Terms and these Product Terms and Conditions. In an event of any inconsistencies amongst these sets of terms and conditions, these Product Terms and Conditions shall prevail over the SingNet Specific Terms, which shall in turn prevail over the General Terms.