SECUREBACKORDER TERMS & CONDITIONS OF SERVICE
Welcome to SecureBackorder!
- These Terms and Conditions of Service (hereafter “Terms”) govern and apply to your access and use of the website http://securebackorder.com (hereafter referred to as “SecureBackorder” or “we”) and all products and services offered therein as well as to all data and content that you receive from SecureBackorder (collectively referred to as “Service”).
- You agree that you have read and understood these Terms and the relevant policies and conditions herein, and agree to be legally bound by them. If you do not agree to the Terms, you may not use the Service.
- If you are using the Service on behalf of a legal entity such as a company or organization, you should have the proper authority to agree to the Terms on behalf of the legal entity that you represent. In that case, ‘you’ and ‘your’ refer to that entity.
II. USE OF THE SERVICE
- Under the Terms, you are granted a limited, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Service under the condition that you do not sell, grant, sub-license or otherwise transfer any right in the Service to third parties, nor attempt to do so. SecureBackorder retains all rights not expressly granted by these Terms.
- To access and use the Service you must be an identifiable individual over the age of 13 and have the legal capacity to enter in binding agreements.
- Unless otherwise stated, all new products or added features to the current Service will be subject to these Terms.
- SecureBackorder monitors, catches and registers dropping domains for you (“Catching Process”).
- To place request, fill in the Domain Backorder form stating the domain name you are interested in, the price (in Euro) you are willing to pay for the domain and your email address, via which to contact you with the outcome of the process.
- In order to start the Catching Process you will have to make a payment first. For payment and commission details, see section IV below.
- After the payment is received, we will start with the Catching Process immediately. No confirmation email will be sent. In case that the sum you have entered is clearly insufficient to bid, we will contact you via email and give you a choice between increasing your bid or receiving a 95% refund.
- You will receive an email from us regarding the outcome of the Catching Process and whether we managed to buy the domain for you or not.
- If we got the domain, we will transfer it to you. You will receive details on the domain transfer over email, as the procedure varies according to the different TLDs. If we did not manage to get it, we will return the money back to you, keeping a 5 % commission for the costs incurred by is.
- If there are two or more users bidding on the same domain, we will accept the offer with the highest price for the domain. The rest of the users will receive a 95% refund.
- SecureBackorder reserves the right to reject your request at its own discursion. In such cases, if a payment has been made you will receive a 95 % refund.
- Once a payment is made, there is no possibility to cancel your order and we will go through with the catching process.
- SecureBackorder is not responsible for any typos in the domain names that you may have filled incorrectly in the order form, such as typos or mistakes in the domain name or the TLD. In such cases we will start the Catching Process, if possible. If not possible, or if the Catching Process is unsuccessful, you will receive a 95 % refund, as stated in Article IV.4 below.
IV. PAYMENT AND COMMISSION
- The minimum price for a domain bidding is 150 Euro. You can state sums bigger than that in order to have higher chances in successful bidding. Orders with bidding sum under 150 Euro will be deemed invalid and will not be processed. Nevertheless, service commission of 5 %, as stated in point 4 below, still applies.
- You can make a payment via Paypal, credit cards and bank wire.
- Once the domain is transferred to you, there shall be no refunds for any reason whatsoever.
- If the Catching Process is unsuccessful or the domain is renewed by its previous owner, you will receive an email from us giving you an option to return the money back to you, keeping a 5 % commission for the incurred expenses, or to keep the money and start a new Catching Process once it expires again, after which period we will contact you again with the outcome of the new Catching Process. In no other cases any partial or full refund is possible.
- All payments featured on SecureBackorder’s website is exclusive of VAT or other sales taxes. Purchase transactions will include VAT or other sales taxes based on the information that you have provided during the purchase, including on your IP address. The tax rates are those in effect at the time your transaction is completed.
- In accordance with Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, SecureBackorder will only charge tax in EU-based countries or states where digital goods are taxable. VAT will not be charged on VAT-registered business within the EU and on exports to countries outside the EU in which case the VAT is paid in the country of import.
V. MODIFICATION AND TERMINATION OF THE SERVICE
- SecureBackorder reserves the right to modify the Service or any of its products and features, suspend it or terminate it temporarily or permanently without any liability and at its own discretion. The Service may also become temporarily unavailable due to maintenance or upgrades.
VI. PRIVACY PROTECTION
- SecureBackorder cares about its users’ privacy and complies with the applicable data protection legislation.
- SecureBackorder does not collect any personal data unless such required by law for billing purposes.
- Unless required to provide the Service to you or to comply with a legal obligation, SecureBackorder will not disclose your personal information to any third party without your prior consent.
- For more information about how we store or use your personal data, please contact us via the email that you receive once you place an order.
- YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE, INCLUDING THE WEBSITES AND ALL INFORMATION THEREIN, ARE PROVIDED ‘AS AVAILABLE’ AND ‘AS IS’. SecureBackorder HEREBY EXPRESSLY DISCLAIMS TO THE EXTENT PERMITTED BY LAW ANY REPRESENTATION OR WARRANTIES IN ANY KIND, EXPRESS OR IMPLIED, INCLUDING THAT THE WEBSITES, THE INFORMATION AND THE SERVICE: WILL MEET YOUR REQUIREMENTS OR BE COMPLETE, ARE FIT FOR ANY PARTICULAR PURPOSE, ARE ACCURATE AND ERROR-FREE; WILL BE AVAILABLE AT ANY PARTICULAR TIME AND PLACE UNINTERRUPTED, SECURE AND WITHOUT THE RISK OF ATTACKS; ANY ERRORS OR DEFECTS WILL BE CORRECTED; ARE FREE OF VIRUSES, WORMS AND OTHER HARMFUL MALWARE, OR PROTECTED FROM HACKING OR OTHER SECURITY BREACHES AND THEREFORE DISCLAIMS ANY LIABILITY.
- SecureBackorder shall have no liability for interruptions or omissions in Internet, network or hosting services.
VIII. LIMITATIONS OF LIABILITY AND INDEMNIFICATION
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SecureBackorder, ITS EMPLOYEES, MANAGERS AND PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, DATA OR OTHER LOSSES ARISING FROM OR IN CONNECTION TO: THE ACCESS, USE OR INABILITY TO ACCESS OR USE THE WEBSITES AND/OR THE SERVICE, COSTS FOR PROCURING SUBSTITUTE SERVICES OR UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR DATA THROUGH THE SERVICE, EVEN IF SecureBackorder HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- SecureBackorder’ liability regarding the Service provided under these Terms is solely limited to the amount you paid SecureBackorder for the use of the Service.
- You agree to indemnify and hold harmless SecureBackorder, its affiliates, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) that arise out of these Terms or your violation of the Terms; your use of the Service; your use of any data or information provided by SecureBackorder via the websites or the Service; any use of your account or Account Data, whether by you or a third party; any intellectual property or other proprietary rights of third parties; any action taken by SecureBackorder as part of its investigation of a suspected violation of this Terms or as a result; any information or data you supplied to SecureBackorder, including but not limited to any incorrect registration data; or your violation of any third parties’ rights.
- SecureBackorder doesn’t carry any liability for domain names that we have purchased on your behalf, which may lead to trademark, copyright or other intellectual property rights infringement. You are solely responsible for any subsequent legal proceedings.
IX. CHANGES TO THE TERMS AND CONDITIONS OF SERVICE
- SecureBackorder reserves the right to amend, add or remove sections of the Terms at any time at its own discretion. It is your responsibility to regularly check if the Terms have been updated. The currently posted Terms apply.
- If any amendments are unacceptable to you, you may terminate your compliance with the Terms and not use the Service anymore. Your continued use will constitute a binding agreement with the amended Terms.
X. GOVERNING LAW
All disputes arising from the current Terms or related to them, which cannot be settled amicably and through negotiations between you and SecureBackorder, shall be referred to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry, pursuant to its Rules for cases based on arbitration agreements, whereas Bulgarian law shall be applicable. In case you are a consumer within the meaning of the Consumer Protection Act, you shall be entitled to refer the dispute to the competent Bulgarian courts.