Webnic | ICANN Accredited Registrar | Local Contact Services Agreement

Local Contact Services Agreement ("Agreement")

between Web Commerce Communications Limited (“WEBCC“) and Premier Partners

Last Modified: April 11, 2008

Preliminary Statement:

The Agreement shall apply to any Premier Partner that would required Local Contact Services (“LCS”) for the registration of the following generic Top Level Domains (“gTLDs”) and Country Code Top Level Domains (“ccTLDs”):

.asia gTLD
.my ccTLD
.sg ccTLD
.kr ccTLD
.jp ccTLD
.de ccTLD

The Local Contact shall also act as the domain holder’s authorized representative for receiving any official documentation from Registries or any authority of the local government. As a result, Premier Partners will have to oblige to the followings:

during the domain name registration, WEBCC will assign a local administrative contact and the assignment shall be conclude with the Agreement between the Registrant and WEBCC.

The conclusion of the Agreement shall strictly be subject to the consent from Registrant on all the general terms and conditions stated in the Agreement.

Premier Partner is strictly required to carry out registrations in accordance to the terms and conditions of WEBCC, respective Registries and within the limits of the law of each country. In the event that any violation of the aforementioned, WEBCC shall reserved the right to suspend the domain name or to delete the domain name immediately.

Premier Partner is agreeable to the Fee for the LCS as follows:

Top Level Domains	Fee for LCS
.asia gTLDs	USD5.00
.my ccTLDs	USD10.00
.sg ccTLDs	USD10.00
.de ccTLDs	USD10.00
.kr ccTLDs	Free of Charge
.jp ccTLDs	Free of Charge

In any case and for any reason that the domain name subscribed to LCS is deleted or transfer before the end of the domain name registration period, Premier Partner and Registrant shall not be entitled for any form of refund.

This agreement and its performance are governed by the Law of Malaysia.

If any provisions of this agreement are held to be invalid, such invalidity will not affect the remaining provisions. All provisions deemed unenforceable to the extent possible shall be replaced by provisions that are enforceable and correspond as much as possible to the original intent.

WEBCC shall reserved the right to alter, amend and develop sub-agreements to this agreement.

Terms and Policies for Registrant

1.	Obligations of Registrant
a)	Registrant warrants that the registration of the domain under LCS will not infringe the rights of any third parties (trademark rights, rights to a name, and copyrights), will not violate any legal regulations of any countries.

b)	Registrant shall inform WEBCC immediately in writing by mail, fax or e-mail in the event that the registration of the domain under LCS is threatened with legal action or if legal action is taken against Registrant. In the event that any change of ownership, the Agreement will be void and terminated. A new Agreement will have to be concluded subject to WEBCC being reappointed LCS.

c)	Registrant agreed to reply in detail on all inquiries from WEBCC with respect to the domain registration under LCS by mail, fax or e-mail within 2 working days under normal circumstances. In the event there is a legal dispute or court case, WEBCC shall reserve the right to shorten the response time.

d)	Registrant is responsible for keeping his contact data up-to-date with WEBCC at all times.

e)	If Registrant is not contactable via the contact information provided or Registrant does not reply to an inquiry from WEBCC within the time limit granted, WEBCC shall be reserved the right to take any necessary decisions, in particular as to suspend, delete or release the domain because of actual or alleged violations of the law.

2.	Obligation of WEBCC
a)	WEBCC undertakes to fulfill all tasks assigned as LCS in Registrant or Premier Partner interest. In addition, WEBCC will comply with instructions provided which are not contravene with any Country’s Law or any of the contractual agreements of the two parties.

b)	WEBCC duly inform Registrant or Premier Partner on any questions concerning the domain registration under LCS.

3.	Resolution of Disputes with Third Parties
	In the event that WEBCC directly or as Registrant’s representative, is called upon by a third party to release or delete the domain, Registrant shall within the time limit set in Section 1 declare in writing whether to release or Registrant would like to defend the domain.

a)	Should the Registrant agree to release the domain name, WEBCC will either delete the domain name or release the domain name to third party. WEBCC shall declare to third party of the domain release and the Agreement between WEBCC and Registrant shall be terminated by this declaration. A notice of termination is not required.

b)	Should WEBCC didn’t receive any reply from Registrant, WEBCC shall reserved the right to proceed in accordance to Clause 3 (a) above.

c)	Should Registrant informs WEBCC that he/she would like to defend the domain, Registrant shall agreed that he/she shall indemnify WEBCC for any possible legal action against WEBCC and responsible to pay for any expenses or damages that WEEBCC incurred and possibility incurred by acting as LCS for the domain Name of Registrant. If Registrant didn’t comply with aforementioned obligations, WEBCC shall be entitled to proceed in accordance with Section 3 (a) above.

4.	Contraventions
	In case the WEBCC established that the domain name as such or the contents posted on the web site accessible via the domain name contravene any applicable law of any countries, WEBCC shall reserved the right to have the domain deleted without any prior warning and to terminate this contract with immediate effect.

5.	Term of Contract and Termination
a)	This Agreement shall be concluded for an indefinite period and remain effective as long as the domain name under LCS remains with WEBCC as Registrar provider. Accordingly, the Agreement will terminate immediately if the customer transfers the domain from WEBCC to another Registrar / Reseller provider or delete the domain before the expiry of the registration term.

b)	WEBCC reserved the ultimate right to terminate the Agreement.

6.	Liability of WEBCC
a)	The trustee shall only be liable for damages, if he violates a material obligation under the Agreement which endangering the purpose of the Agreement or if the damages arise from intention or gross negligence.

b)	If the violation of a material obligation under the Agreement is not caused by intention or gross negligence, liability will be limited to 3 times the Domain Name registration fee that WEBCC collected from Registrant for the particular Domain Name under LCS.

7.	Liability of the Customer
	Registrant shall indemnify WEBCC from all costs, damages and prejudices arising from third parties asserting claims – justified or false, judicial or extra-judicial – on the grounds of the domain registration and calling upon not only the domain holder, but also WEBCC, or exclusively upon WEBCC. This claim exists regardless of negligence or fault. WEBCC undertakes to cede any claims for indemnification against third parties acting without justification to Registrant contemporaneously in return for the compensation for any disadvantages arising to WEBCC.

8.	Entire Agreement
	This Agreement and any claims arising out of it shall be governed by the Laws of Malaysia.