Terms of Service

Definitation of Terms

1. Upflare: a trade name established in Albania and listed in the Trade Register of National Business Center under the registration number..
2. Services: Upflare is an official domain name registrar. In this capacity, Upflare offers access to its automated systems for domain name registration and administration. Upflare registers domain names on a first-come, first-served basis. The aforementioned activities constitute basic services. Upflare also supplies Hosting, SSL certificates, DNS and other Internet services.
3. Client: the natural person acting in a professional capacity or legal entity having entered into an agreement with Upflare. The Client may also be a retailer. For the purposes of these General Terms and Conditions, retailers will be referred to as ‘Reseller’. Resellers are subject to supplementary terms and conditions.
4. Account: the online environment made available by Upflare for the purpose of enabling the Client to apply for, administer or configure Services. Amongst other channels, this environment can be accessed via the Website or API.
5. Agreement: the agreement between Upflare and Client by virtue of which Upflare will provide the Services, and of which these General Terms and Conditions are a part.
6. Website: www.upflare.com or any of its sub-domains and other domain extensions.
7. General Terms and Conditions: these terms and conditions.

Offer and acceptance

The Agreement between the Upflare and the Client will take effect when the Client:

1. Creates an Account on the Website,
2. Places an electronic order via his Account which is subsequently confirmed or
3. Accepts an offer issued by Upflare.

Any such offers must be signed by Upflare. Upflare requires the Client to check the order confirmation and to contact Upflare within eight hours if any errors are to be verified.

1. If an order can only be partially filled, the Client is expected to agree to a partial delivery.
2. The due amount will be specified on the Website and during the process of ordering via the Account. The description of the Services as featured on the Website or specified in the offer will be binding. Upon extending Services automatically or otherwise, Upflare will notify the Client of the rates applicable at that time.
3. Upflare may draw up an offer in which it specifies what the Service includes and what amount will be owed upon acceptance of the Agreement.
4. An offer is without obligation and is valid for 30 days after the date it was sent by Upflare, unless stated otherwise in the offer.
5. If the information provided by the Client proves to be incorrect, Upflare has the right to adjust the prices accordingly.
6. Provisions or terms and conditions stipulated by the Client that differ from, or do not appear in these General Terms and Conditions will only be binding upon Upflare if and to the extent that these have been expressly accepted by Upflare in writing.
7. Upflare is entitled to refuse a Client at its own discretion without stating reasons.
8. The Agreement will take effect as soon as Upflare has received notification of acceptance by the Client.
9. In the event provisions in the Agreement or its appendices, or in these General Terms and Conditions are inconsistent with one another, the following order of rank applies:

• the Agreement;
• any Appendices;
• any Service Level Agreement;
• the General Terms and Conditions;
• any supplementary conditions.

Performance of the Service

1. After the Agreement has been concluded, Upflare will perform the Services as soon as possible in accordance with the offer or electronic order.
2. To the extent it has not been otherwise agreed in writing, Upflare will guarantee that the Service will be performed to the best of its ability with due care and professional competence.
3. If and where required for the proper performance of the Agreement, Upflare has the right to have certain activities performed by third parties.
4. The Client is obliged to do everything that is reasonably required and desired to ensure that the Service is performed correctly in a timely manner. In particular the Client will ensure that all information designated by Upflare as essential or in respect of which the Client should reasonably understand that it is required for the purpose of performing the Services, is provided to Upflare in a timely fashion.
5. If the above forms part of the Services, Upflare will provide the Client with an administrative user name and a password. These data will offer the Client access to the Account. 6. Each action performed by means of the Client’s Account is deemed to take place under the risk and responsibility of the Client. In the event of suspected misuse of an account, the Client must duly notify Upflare as soon as possible so that appropriate measures can be taken by Upflare. The Client is fully responsible for any consequential damages, including user costs and compensations with a minimum of € 2,500, not including VAT.
7. The Client is entitled to create users (employees) and provide them access to the Account. This does not affect the responsibility of the Client as described in the previous subclause of this Article.
8. The Client must provide all details truthfully. Upflare is entitled to request that the Client provide proof of the details provided. If the Client cannot provide such proof or the details prove to be incorrect, Upflare is entitled to terminate its Agreement or Agreements with the Client with immediate effect and to delete the Client’s Account. The above will not require the intervention of a competent court.
9. The Client is obliged to read its email on a regular basis: at least once every two weeks, but more frequently if required for the purposes of the registry procedure. If an addressee’s email inbox is full, Upflare is entitled to return emails to the sender.
10. The Client declares that it is familiar with and, if applicable, accepts the documents incorporated in the Knowledge Base, including (but not limited to) the rules of conduct and the applicable (registry) conditions.

Upflare has the right to take products and services out of use, temporarily or otherwise, and/or to limit their use, or to provide these only to a limited extent, or not at all, if the Client does not fulfil an obligation towards Upflare as stipulated in the Agreement or acts in breach of these Terms and Conditions.