Terms & Conditions

1. Definition

2. Purpose and general information

The main objective of these Terms and Conditions is to set forth the conditions under which You will benefit from eBSL's legal services ("the Services") designed to try and recover one or more domain names ("the Name").

The Client expressly acknowledges having read and understood the Terms and Conditions. The same shall apply to any beneficiary of the Services. By placing an order in any form for the Services, the Client accepts the Terms and Conditions in their entirety and without reservation. The Terms and Conditions - including their annexes -, shall remain in effect for the entire term of the contractual relationship and any events or circumstances arising from them.

3. The Services

eBSL provides the following services, in several Extensions of which an updated list can be found on the Website:

3.1 Domain Name audit and statement on the Potential Rate of Success of the Recovery

eBSL shall provide reports on Domain Names and their use under various Extensions, insofar as the Customer has placed an order for such Domain Name pursuant to the Terms and Conditions.

3.2 Anonymous negotiation / Client representation

eBSL shall attempt to acquire Domain Names in favor and on behalf of the Client pursuant to the Terms and Conditions and in accordance with the specific conditions on Negotiation, available on the Website.

3.3 Mediation service

eBSL shall attempt to obtain the transfer of the Name to the benefit of the client based on the Client's prior rights and pursuant to the Terms and Conditions.

3.4 Arbitration support

eBSL shall support the Client in filing complaints related to Domain Names before the relevant Court pursuant to the Terms and Conditions.

The Client understands that the end-result of the Services or even the Services themselves may differ according to the rules applicable to the given Extension.

3.5 Other services

At the Client's request, eBSL may realize other operations relating to Domain Name Recovery such as transfer procedures, Escrow services provision, and so on.

eBSL shall be entitled to charge such service, which, unless stipulated otherwise, shall be subject to the Terms and Conditions as well as any terms and conditions that are defined for the specific service.

4.Establishment of the contractual relationship

4.1. The order form

A request for service from the Client to eBSL shall either be made:

The Client's request for services is embodied by its completion of an order form on the Web Site. In doing so, the Client warrants he has full legal competence to enter into the agreement. Pursuant to Article 2 hereof, submission of an order form to eBSL constitutes acceptance of the Terms and Conditions by the Client in their entirety without any possibility of withdrawing such acceptance in whole or in part.

4.2. Conclusion of the Agreement

The Client shall receive a confirmation of receipt of its order within 24 hours of submission. At which point the Agreement shall be deemed concluded except insofar as eBSL declines to accept the order for reasons specified herein or for any other cause deemed reasonable by eBSL. The Client shall be deemed to have received such confirmation pursuant to the provisions of Article 6 hereof.

With regard to any territoriality issue that may arise hereunder, the contract between eBSL and the Client shall be deemed to have been concluded at the eBSL head office, as indicated on contact page.

5. Obligations of the Client

5.1. By entering into the Agreement, the Client warrants it has a legitimate interest to the Name and the necessary power to require the Services from eBSL. Taking into account the Services rely on a coordinated effort, the Client agrees to cooperate with eBSL and provide any and all necessary document where applicable.

5.2. The User shall supply eBSL with any necessary information and shall be solely responsible for the accuracy of such information. Under no circumstances shall eBSL be responsible or liable for information submitted by the User and any loss or damage that may arise from such information. The User shall indemnify eBSL for any costs or expenses arising from any damage or loss that is directly or indirectly attributable to erroneous information supplied by the User.

5.3. The User shall fulfil the obligations specified in Article 6 hereof and shall recognize the consequences arising thereto. The User shall also notify eBSL of any change in his legal status. Any failure on the User's part to fulfil these obligations could prevent eBSL from providing the contractual services hereof in a proper and professional manner. Under no circumstances shall eBSL be responsible or liable for any default arising from such failure on the User's part.

5.4. The User hereby declares that he has read, understood and accepted the general terms and conditions of any document (or of a document of similar scope bearing a different designation) issued by any competent national or international authority within whose purview the Domain activities of the Registries concerned falls.

5.5. The User's obligations shall exceed those of Article 5 and shall encompass the entirety of the Terms and Conditions, and specifically the provisions of Article 6 hereof.

6. Handling of Client information and acceptance thereof

6.1. The Client agrees that proper communication between him and eBSL on a regular basis is essential to its proper use of the Services. Accordingly, the Client must properly consult and acknowledge any relevant information transmitted by eBSL.

6.2. To this end, and in order to allow eBSL to reach the Client, the Client agrees to provide eBSL with current and updated address information. Such information shall consist of the Client's email address, postal address, valid phone number at which the Client can be reached from 9 a.m. to 9 p.m. GMT/UT. (hereinafter referred to collectively as "Contact Information")

6.3. In accepting the Terms and Conditions, the Client agrees that all email sent to the Client by eBSL shall be deemed to have been received and read, immediately upon error-free transmission of such email to the email address provided by the Client in his Contact Information by eBSL' SMTP server.

7. eBSL rights and obligations

7.1. Under the Agreement eBSL commits to make its best efforts to follow the steps agreed with the Client as part of the Order Form including, but not limited to, send the agreed number of emails, performing phone calls, and filing the necessary documents. eBSL warrants that the Services will be provided by trained legal professionals.

7.2. eBSL acknowledges that any and all patents, registered and unregistered designs, copyrights, trademarks and all other intellectual property rights whatsoever, which are used in connection with the Services shall remain the sole property of entitled owner of such rights or its subcontractors; and that it shall not be entitled to use the name, trademarks, trade names or other proprietary identifying marks or symbols of the other without its prior written consent.

7.3. eBSL reserves the right to either expand or reduce the scope of the Services. If any such service expansion or reduction is realized, eBSL shall notify the Client of such expansion or reduction by sending an email to the address provided by the Client in his Contact Information. eBSL reserves the right to raise prices as shown on the Website to take into account any factor such as any new or modified requirements imposed by the Registries or Providers; any monetary parity that may take effect; or any supplementary taxes that may be levied. eBSL shall notify the Client accordingly via the eBSL website or by sending an email to the address provided by the Client.

7.4. eBSL reserves the right to amend its Terms and Conditions. In such a case, eBSL shall notify the User accordingly via the website, or by sending an email to the address provided by the User in his Contact Information.

If the User objects to any critical modification of the Terms and Conditions, the User shall be entitled to terminate the Agreement within eight days of receipt of notification of the relevant modification from eBSL. The User agrees that any continued use by the User of eBSL services after the User has received notification that the Terms and Conditions have been modified shall constitute a statement from the User that he acknowledges such modification and of the User's willingness to abide thereby.

8. Limitation of Liability

Although eBSL agrees to make its best efforts and dedicate its resources to the Services for the benefit of the Client, the Client understands using the Services does not carry any warranty, whether expressed or implied, of success, in part or in full. The Client is informed that any information is provided "as is" and may come from sources outside eBSL's control that may not be verified. In particular, the Client understands that the success of the Services is linked to its full cooperation and dependant on a third-party's reaction to it. As a result, the Client agrees to wave any claim towards eBSL directly or indirectly linked to the Services and their potential consequences.

9. Confidentiality

Unless mutually agreed as part of the Order Form, eBSL agrees to perform the Services without mentioning the Client. Should the Name be similar or identical to the Client's trademark or company name, the Client agrees that such requirement may have to be waved depending on the circumstances.

10. Costs

10.1. Costs are those included in the Order Form and displayed on the Website. However, in selected cases where an additional effort might increase the chances of success eBSL may discuss additional applicable costs with the Client. The foregoing notwithstanding, the Client understands any Arbitration procedure or litigation shall lead to extra costs that it agrees to support.

10.2. The currently valid prices shall be those indicated on the Website and shall be subject to change pursuant to Article 7 hereof. All prices are in euros unless otherwise specified and include VAT. The payments shall be made at the head office of EBSL and in euro (EUR), unless otherwise agreed between EBSL and the Client. Any additional fee attached to the payment shall be at Client's expense. Foreign payments shall be carried out at the transferor's expense (for example, foreign bank transfers shall bear the indication "our cost" or "OUR"). The net amount received by EBSL shall be strictly equal to the price due by the Client.

10.3. Unless otherwise stipulated or determined by EBSL, orders shall be payable immediately and online via the Website, using any payment method available at the time of the order. EBSL's activation of the services shall be contingent upon EBSL receiving full payment for the Client's order.

10.4. Under certain circumstances and at EBSL's discretion, EBSL may accept deferred payment. Any Client who benefits from such deferred payment agrees, by accepting the Terms and Conditions, to abide by the specific terms of payment that will be indicated on the invoice corresponding to the order for services provided by EBSL.

10.5. The Client agrees that any invoice for services provided by EBSL shall be transmitted to the Client electronically to the email address provided by the Client in his Contact Information. The Client shall be entitled to ask the EBSL Client service department to send the Client a printed invoice, if the Client so wishes. In view of the fact that the email address provided by the Client in his Contact Information must be valid, active and available seven days a week, the Client shall not be entitled to lodge any claim with EBSL in the event an emailed invoice is not received.

10.6. Any invoice or amount that is not paid upon falling due shall be subject, without formal notice, to interest charges amounting to 10 percent of the unpaid amount, until such time as the outstanding amount is paid in full. Any remaining unpaid balance shall also incur (without formal notice) a penalty of 15% on the unpaid principal, subject to a €25 minimum and a €1250 maximum. In addition, EBSL shall be entitled to reimbursement of €75 for each formal notice (as extra-judicial costs). The Client expressly agrees that the Client shall pay EBSL an indemnity for any unpaid balance, pursuant to Article 8 of La loi du 18 avril 2004 relative aux d�lais de paiement et aux int�r�ts de retard (Luxembourg law pertaining to penalty for late payment with interest), as compensation for court costs incurred by EBSL in collecting the unpaid funds including bailiff's fees, legal fees, collection agency fees, experts' fees and so on.

11. No Agency

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the Client and eBSL, including in cases where the Client has agreed to be represented by eBSL for the Purposes of the Services.

12. Intellectual property

In realising any operation relating to the Services for which the Client has enlisted EBSL's services, the Client shall not infringe the rights of others. Pursuant to Article 9 hereof, the Client shall assume sole responsibility for the consequences of any infringement of third party rights.

Specifically, the Client shall be solely responsible for selecting the Domain Name, and shall bear sole responsibility for any infringements of, among others, personality rights, intellectual property rights, distinctive and pre-existing marks, commercial names, trade names or domain names, or any copyright or industrial property rights.

Hence, it shall be the sole responsibility of the Client to conduct any research regarding the antecedents of any distinguishing marks, trade names and the like before performing a registration request, and more generally to ensure that the Domain Name selected does not infringe any third party rights.

13. Limitation of liability

13.1. EBSL shall not be responsible for the inadequacy of any service provided by EBSL that the Client uses to achieve specific aims.

In any event and without regards to the type of Service selected, the Client understands and agrees that EBSL makes no guarantee whether express or implied regarding the outcomes of the recovery process. Prior to placing an order for EBSL services, it shall be the Client's personal responsibility to ensure that such services are adequate for the Client's purposes by reading the description of EBSL's commercial offer, which is available from the EBSL website and/or from the EBSL technical service department. By accepting the Terms and Conditions, the Client acknowledges that he is sufficiently familiar with the content, context and scope of EBSL services.

The Client expressly understands that none of EBSL services shall be considered as a sale.

13.2. EBSL shall not be responsible for any delay or non-performance resulting from any instance of force majeure as the latter is commonly defined by custom, law and the courts, or for any outage in any electrical grid, telecommunications system, or the internet itself, or for any other instance of force majeure or any other circumstance over which EBSL has no sole and direct control.

13.3. EBSL shall not be responsible for any act committed by the Client that violates the statues and regulations described in Article 12 hereof.

13.4. Under no circumstances shall EBSL be liable for any direct, indirect, special, incidental, consequential or exemplary damages of any kind whatsoever that result from any loss of use, lost data or lost profits arising from or associated with the use or functionality of the EBSL website or the inability to use said website, or arising from the supply or failure to supply services, or any cost or damage resulting from any information, software, product, service or graphic element associated with or obtained from the EBSL website or resulting from the use of such website, irrespective of whether such liability is contractual or non-contractual. Any loss of data within the meaning of this Article 10.4 arising from any circumstance whatsoever shall constitute an indirect loss.

13.5. EBSL shall not be responsible for any technical inaccuracy or typing errors pertaining to the information on the EBSL website, which shall be subject to periodic modification. Hence, EBSL reserves the right to optimise and/or modify its website at any time. EBSL shall not be responsible for any malfunction, service interruption or error that occurs in any electronically published element during a modification period.

14. Guarantee

14.1. The Client shall hold EBSL harmless against any third party action resulting from or related to the use of EBSL services by the Client. This guarantee shall mean in particular that the Client shall provide EBSL with any assistance required by EBSL in mounting a legal defence and shall indemnify EBSL for any loss or damage incurred by EBSL as the result of any such claim.

14.2. Additionally, the Client shall assume all legal fees and court costs incurred by EBSL in defending its interest, including instances in which an amicable settlement is reached between an injured third party and the Client or EBSL.

15. Applicable Law, Dispute Resolution

This Agreement is subject to Luxembourg Law, and any disputes will be resolved in the appropriate Luxembourg Court.