Legal Policies

LET’S BRAND | COOKIE POLICY 

Lastly amended: March 1st 2017

This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers

What kind of cookies do we use
We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser, A persistent cookie remains on your hard drive for an extended period. You can remove persistent cookies by following directions provided in your internet browsers help file. On your site we use cookies, but we do not link the information we store in cookies to any personally identifiable information you submit while on our site. We set a persistent cookie to store your passwords, so you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contest or surveys, will be limited.

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): privacy@letsbrand.com

LET’S BRAND | BRAND SAFETY POLICY 

Lastly amended: March 1st 2017

LETS BRAND is committed to providing outstanding customer service for brand clients and partners and takes brand safety very seriously. The measures we take to ensure brand safety is upheld are detailed within this Brand Safety Policy.

We have developed our own verification process. All inventory and data we access goes through a three-stage process including both automated and manual checks, ensuring everything is verified:

1. We only advertise /set-up marketplaces and listings on our own spaces and platforms, which undergoes a visual human check for brand safety when it is on-boarded and about to get launched.
2. We have a dedicated analytics and publishing task which constantly reviews to ensure that brand safety is upheld. In the event that anything is caught as potential malicious, action is taken to remove or monitor the potential malicious source or content.
3. We license third party brand safety companies  to further ensure brand safety at a pre and post level. This validates the work we do and ensures that our internal measures are up to date.

Blacklists are used at placement, website, client and customer level. Blacklists assist us to remove unsuitable websites from our inventory pool. We ensure that all of these blacklists are monitored and updated on a regular basis. The exchanges are constantly growing with the addition of new marketplace inventory, so we ensure our blacklists are constantly evolving and reacting to such growth.

Additionally, you can provide us with your own list to run across all our activity, or we can run a whitelist of approved sites to guarantee your brand safety.

Takedown policy
In the very unlikely event that one of our ads or marketplace services is published on our platform or netwerk that is deemed inappropriate, we will make every reasonable effort to take it down as soon as possible, irrespective of whether it was bought serviced directly or indirectly. All takedown requests received within Dutch business hours (Monday to Friday, 10am to 18.00pm CET +1) will be actioned within 1 business day of confirmed receipt.

The contractual consequences of our failure to take reasonable steps to remove an unsuitable website and/or listing upon written request are evaluated on a case-by-case basis.

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): privacy@letsbrand.com

LET’S BRAND | FEEDBACK POLICY 

Lastly amended: March 1st 2017

Feedback in regards to our site(s), products and services
Thank you for your willingness to help us in improving our products and services. You as customers have great ideas and we count on your suggestions to help us understand where we can improve and how we can better serve you. For your privacy and security, do not enter any of your personal information other than your email address and name, if requested, into our Feedback form.

In order to be able to actually use your suggestions, we need you to realise that by submitting comments to us, you hereby grant LETS BRAND its affiliates, subsidiaries, assigns, successors, licensees and legal representatives  the irrevocable, perpetual, worldwide right to use, reproduce, edit, store, sublicense, distribute, have distributed, create derivative works based upon and publicly and privately promote, display, and perform your feedback, in any medium, by any means of delivery, for commercial, promotional or other purposes without remuneration to you.

Our Privacy Policy explains the practices that apply to your information when you submit your feedback to us. By clicking “Push into our inbox” you are agreeing electronically to the terms of this policy, which is the equivalent of a written signature for legal purposes.

Submit your feedback to us

• Fill in our feedback form

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): privacy@letsbrand.com

LET’S BRAND | ERROR DISCLOSING POLICY 

Lastly amended: March 1st 2017

If you believe you have found a security vulnerability on our site(s), we encourage you to contact us (development@letsbrand.com) right away. We will investigate all legitimate reports and do our best to quickly fix the problem. Before reporting though, please review this page including our responsible disclosure policy, guidelines, and those things that should not be reported.

If you are looking to report another type of issue, please either our support for more information.

Responsible Disclosure Policy
If you comply with the policies below when reporting a security issue to LETS BRAND, we will not initiate a lawsuit or law enforcement investigation against you in response to your report. We ask that:

1. You give us reasonable time to investigate and mitigate an issue you report before making public any information about the report or sharing such information with others.
2. You do not interact with an individual account (which includes modifying or accessing data from the account) if the account owner has not consented to such actions.
3. You make a good faith effort to avoid privacy violations and disruptions to others, including (but not limited to) destruction of data and interruption or degradation of our services.
4. You do not exploit a security issue you discover for any reason. (This includes demonstrating additional risk, such as attempted compromise of sensitive company data or probing for additional issues.)
5. You do not violate any other applicable laws or regulations.

Bug Bounty Program Terms
We recognize and reward security researchers who help us keep people safe by reporting vulnerabilities in our services. Monetary bounties for such reports are entirely at LETS BRAND discretion, based on risk, impact, and other factors. To potentially qualify for a bounty, you first need to meet the following requirements:

1. Adhere to our Responsible Disclosure Policy (see above).
2. Report a security bug: that is, identify a vulnerability in our services or infrastructure which creates a security or privacy risk. (Note that LETS BRAND ultimately determines the risk of an issue, and that many software bugs are not security issues.)
3. Your report must describe a problem involving our product or service.
4. We specifically exclude certain types of potential security issues; these are listed under “Ineligible Reports and False Positives” (see below).
5. Submit your report to our Development department with the subject “Reporting a Bug” (one issue per report) and respond to the report with any updates. Please do not contact employees directly or through other channels about a report.
6. If you inadvertently cause a privacy violation or disruption (such as accessing account data, service configurations, or other confidential information) while investigating an issue, be sure to disclose this in your report.
7. You may use test accounts when investigating issues. If you cannot reproduce an issue with a test account, you can use a real account (except for automated testing). Minimize the amount of test accounts created if possible. Contact our support if you are having trouble with accessing your test accounts
8. Do not buy or sell on the marketplace or interact with other accounts without consent.

In turn, we will follow these guidelines when evaluating reports under our bug bounty program:

1. We investigate and respond to all valid reports. We do however prioritize evaluations based on risk and other factors, and it may take some time before you receive a reply.
2. We determine bounty amounts based on a variety of factors, including (but not limited to) impact, ease of exploitation, and quality of the report. If we pay a bounty, the minimum reward is 50 EURO. Note that extremely low-risk issues may not qualify for a bounty at all.
3. We seek to pay similar amounts for similar issues, but bounty amounts and qualifying issues may change with time. Past rewards do not necessarily guarantee similar results in the future.
4. In the event of duplicate reports, we award a bounty to the first person to submit an issue. (LETS BRAND determines duplicates and may not share details on the other reports.) A given bounty is only paid to one individual.
5. We reserve the right to publish reports (and accompanying updates).
6. We verify that all bounty awards are permitted by applicable laws, including (but not limited to) Dutch trade sanctions and economic restrictions.

Note that your use of our platform and services including for purposes of this program, is subject to LETS BRAND’s Terms and Policies. We may retain any communications about security issues you report for as long as we deem necessary for program purposes, and we may cancel or modify this program at any time.

Ineligible Reports and False Positives

1. Suboptimal header configuration.
2. Mixed HTTP/HTTPs content.
3. SPF configuration problems.
4. CSRF with limited impact.
5. Debug information.
6. Rate limiting.
7. SSL – Pinning not applied.
8. Any vulnerabilities for LETSBRAND.com, our subsite(s) and blog’s that don’t result in privilege escalation or post mutation.
9. Self-XSS.
10. Session fixation.
11. Spam or social engineering techniques.
12. Denial-of-service attacks.
13. Accessing content via raw image URLs from our CDN (Content Delivery Network).

Attributes of a Good Report
Detailed steps in your message explaining how to reproduce the bug. This should include any links you clicked on, pages you visited, URLs, user ID’s, et. cetera Images and video can be helpful if you also include written explanations.

1. Clear descriptions of any accounts used in your report and the relationships between them. Please do not use the same name on multiple accounts to avoid confusion.
2. Quality before quantity. Many of our highest-paid reports had just a few lines of precise, clear explanations.

If you send a video, consider these tips:

1. Keep it short by showing only the parts necessary to demonstrate the bug once. (Remove or redo mistakes that might happen while recording.)
2. Record at a resolution where text or URLs are readable (at least 480p; 1080p is usually not necessary).
3. Provide commentary or instructions in your messages or video description instead of typing on-screen during the video.
4. If a large amount of text appears in your video, please include a copy in your messages as well.
5. Keep the video private either by uploading it as an attachment or posting it privately online (such as with a hidden link or password that you send to us).

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): development@letsbrand.com

LET’S BRAND | DOMAIN OFFENSIVE POLICY 

Lastly amended: March 1st 2017

We have created a set of guidelines to determine whether the offensive nature of specific terms will be allowed placement in our domain database and marketplace or site(s), network(s) or affiliated website(s). LETS BRAND reserves the right not to list domains that violate our Domain Offensive Policy.

Offensive Material
Application of guidelines that have the potential of restricting free speech require careful judgment and consideration of a domain’s potential for substantial social, artistic or political value. Domain names that, in our sole discretion, promote or praise hatred, violence, child pornography, racial or religious intolerance may not be listed for sale, rent, acquisition, sharing, lease or rent-out or parked and will be removed once discovered by, or reported without warning or notice to the domain owner. Users who continually attempt to list domains in violation of this policy risk suspension or cancellation of their LETS BRAND accounts. In addition, domains that promote organizations that endorse and/or encourage hatred, violence, child pornography, racial or religious intolerance may not be listed with LETS BRAND.  Domain showcases involving domains that violate this policy will not be processed and the agreed upon price will be refunded. Domain showcase orders will be reviewed in accordance with the community standards of the country where the listing will appear.

Why is this Policy Necessary?
Our users come from a diverse international background and maintain different sensibilities. We are strengthened by this diversity and endeavor to create a trading environment free from offensive terms which lack any redeeming social, artistic or political value and we will not tolerate domains whose only purpose is to espouse hatred or violence. We will never engage in selective censorship of domains that do not infringe upon on this narrowly tailored policy.

How to report Domains that are Offensive?
Because a lot of domains are listed within our network, we cannot guarantee (only can do our best) that there are domains that not infringe or are offensive according to the above stated. Therefore we would appreciate it if you contact us and submat an e-mail to us (legal@letsbrand.com). If you want to report a domain or domainnames, please include the domain in question and the date, time and location where you noticed the domain. LETS BRAND will act expeditiously to review and remove and/or block, if necessary, all domains that violate this policy.

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | DOMAIN RENT-OUT POLICY 

Lastly amended: March 1st 2017

For both sellers and buyers it is the utmost importance that buying or selling their assets goes without any hassle. Therefore we have set-up some standard regulations which apply to purchased, rented-out, or sold (this counts for alle services where applicable on this matter) domains via LETS BRAND, or via our retrieval, protection or acquisition (any/or our other brand/ domain protect en registration services).

Renting-out your domains
Via our marketplace, and brokerage service(s) it is possible to rent-out your domainname(s). Renting out is special domain brokerage service, for which we looking into your portfolio and together set-out a strategy to rent-out your domains on base on pre-determinated pricing and effective brokerage fees. For this service a separate contract will be signed and countersigned between LETS BRAND and the client and/or customers in which are stated the correct terms and conditions.

Reporting a Violation of our Rules for Renting-out
If a domain owner has failed to follow the rules as stated in the agreement, has refused to complete a renting-out  you may report the seller to LETS BRAND by submitting an email through our contact page. While it is your right to seek judicial enforcement of your sales agreement, LETS BRAND may choose to issue a formal warning, a temporary suspension of the seller’s account or agreement, or canceling their account or agreement. When filing a complaint against a seller it is important to include any documentation of the seller’s refusal to complete the sale with the full message text and complete email headers. Our Privacy Policy prevents us from discussing the result of an investigation.

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | DOMAIN AUCTION POLICY 

Lastly amended: March 1st 2017

For both sellers and buyers it is the utmost importance that buying or selling their assets goes without any hassle. Therefore we have set-up some standard regulations which apply to purchased, rented-out, or sold (this counts for alle services where applicable on this matter) domains via LETS BRAND, or via our retrieval, protection or acquisition (any/or our other brand/ domain protect en registration services).

Auction your domains
Via our marketplace, and brokerage service(s) it is possible to auction your domainname(s). Auction is special domain brokerage service, where domains are auctioned within our network, and candidates can bid on domains. For this service a separate contract will be signed and countersigned between LETS BRAND and the client and/or customers in which are stated the correct terms and conditions.

Reporting a Violation of our Rules for Auction
If a domain owner has failed to follow the rules as stated in the agreement, has refused to complete a auction  you may report the seller to LETS BRAND by submitting an email through our contact page. While it is your right to seek judicial enforcement of your sales agreement, LETS BRAND may choose to issue a formal warning, a temporary suspension of the seller’s account or agreement, or canceling their account or agreement. When filing a complaint against a seller it is important to include any documentation of the seller’s refusal to complete the sale with the full message text and complete email headers. Our Privacy Policy prevents us from discussing the result of an investigation.

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | DOMAIN RENTAL/ LEASE POLICY 

Lastly amended: March 1st 2017

For both sellers and buyers it is the utmost importance that buying or selling their assets goes without any hassle. Therefore we have set-up some standard regulations which apply to purchased, rented or sold (this counts for alle services where applicable on this matter) domains via LETS BRAND, or via our retrieval, protection or acquisition (any/or our other brand/ domain protect en registration services).

Rental or lease of domain(s)
Via our marketplace, and brokerage service(s) it is possible to rent or lease your domainname(s). In its pure form, or also with lease i.c.w. ownership at the end of lease contract. Rental and/or lease is special domain brokerage service, for which pricing for domains are based on pre-determinated pricing and effective brokerage fees. For this service a separate contract will be signed and countersigned between LETS BRAND and the client and/or customers in which are stated the correct terms and conditions.

Following activities are not permitted on our network

1. Interfering with another user’s offer,
2. Users are not allowed to interfere with another user’s attempt to either purchase or rent/lease domain names.
3. Users are not permitted to e-mail buyers in an open or completed transaction to warn them away from a seller or item. If you have a problem with a transaction, please review our Domain Protection Policy and/or submit a general complaint via our contact page.

Refusing to follow-through with a successful bid/amount
Buyers automatically enter into a legally binding contract to rent/lease a domain from the seller if their bid is accepted by the seller or if they accept a seller’s offer to sell (in case of rental/lease most direct communication will go via LETS BRAND as being the official Domain Broker). Give careful consideration when making or accepting offers, our user agreement requires buyers to pay for the domains that they have committed to purchase. Buyers who refuse to follow through with domain offers that have been accepted by the seller are potentially liable to the Seller for breach of the sales contract to which both are parties have agreed into. This also counts for bids and/or rental/lease agreed onto via either WhatsApp, or e-mail (when both are validated customer data, and validated via LETS BRAND). If not a company, but private person: than you have a 7 days waiting period – in this period you may (without any extra costs, except a minimum of 25 euro in administration costs) cancel the purchase of a domain. If you are renting-out your domain this does not apply, as you are aware of the price and have agreed in earlier stage to let us broker, or rent/lease the domain as of this set or price.

Soliciting rental/lease outside our network
We prohibit e-mail offers to buy or rent/lease listed or brokered domains outside our marketplace. Offers of this nature are meant to avoid LETS BRAND’s fee structure and are a potential fraud risk for both buyers and sellers.

This includes, but;

• Using information obtained through LETS BRAND to offer to buy or rent/lease a listed or brokered domain outside of LETS BRAND.
• Canceling a domain listing or brokerage agreement to rent/lease to a buyer who became aware of the domain due to the efforts or listings of LETS BRAND.
• Ending a domain listing early to rent/lease it at a higher or lower price to the winning bidder by avoiding having to pay the LETS BRAND commission.

Domain rentals outside of LETS BRAND do not receive the benefit of LETS BRAND’s  agreements or LETS BRAND’s escrow or domain transfer services that ensure safe and secure transfers of the domain and purchase price.

Retracting Bids
If you make an offer or counter-offer, it is binding for seven (7) days from the time you make the offer. During this time, you cannot cancel the negotiations or change your offering price. Sellers are similarly bound to commit to their offers for the same time period. Only after acceptance for buyers (being not a company there is a 7 day official retraction period in which they can retract their initial bid) Also stated earlier in this policy.

Rent/ Lease domains protected by trademark rights
It is the Buyer’s responsibility to research whether or not their desired domain is subject to trademark or intellectual property protections. LETS BRAND prohibits the purchase or sale, rent-out, lease, sharing or parking of domains comprised of trademark protected terms.

Reporting a Violation of our Rules for Rental/ Lease
If a domain owner has failed to follow the rules as stated in the agreement, has refused to complete a rental or lease you may report the seller to LETS BRAND by submitting an email through our contact page. While it is your right to seek judicial enforcement of your sales agreement, LETS BRAND may choose to issue a formal warning, a temporary suspension of the seller’s account or agreement, or canceling their account or agreement. When filing a complaint against a seller it is important to include any documentation of the seller’s refusal to complete the sale with the full message text and complete email headers. Our Privacy Policy prevents us from discussing the result of an investigation.

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | DOMAIN SHARING POLICY 

Lastly amended: March 1st 2017

For both sellers and buyers it is the utmost importance that buying or selling their assets goes without any hassle. Therefore we have set-up some standard regulations which apply to purchased, sharing or sold (this counts for alle services where applicable on this matter) domains via LETS BRAND, or via our retrieval, protection or acquisition (any/or our other brand/ domain protect en registration services).

Sharing your domains
Via our marketplace, and brokerage service(s) it is possible to share your domainname(s).Sharing is a special domain brokerage service, for which we try to share domains with different parties. Pricing is based on pre-agreed pricing via a seperate contract via our Domain Brokerage services. For this service a separate contract will be signed and countersigned between LETS BRAND and the client and/or customers in which are stated the correct terms and conditions.

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | DOMAIN BUYING/ RENT-TO-OWN POLICY 

Lastly amended: March 1st 2017

For both sellers and buyers it is the utmost importance that buying or selling their assets goes without any hassle. Therefore we have set-up some standard regulations which apply to purchased or sold (this counts for alle services where applicable on this matter) domains via LETS BRAND, or via our retrieval, protection or acquisition (any/or our other brand/ domain protect en registration services).

Buying your domain(s)
Via our marketplace, and brokerage service(s) it is possible to buy your domainname(s). Buying and rent-to-own is a domain brokerage service, to buy your domains on base on pre-determinated pricing and effective brokerage fees. For this service a separate contract will be signed and countersigned between LETS BRAND and the client and/or customers in which are stated the correct terms and conditions.

Reporting a Violation of our Rules for Buying / Rent-to-own
If a domain holder/ owner has failed to follow the rules as stated in the agreement,  you may report the this to LETS BRAND by submitting an email through our contact page. While it is your right to seek judicial enforcement of your agreement, LETS BRAND may choose to issue a formal warning, a temporary suspension of the account or agreement, or canceling the account or agreement. When filing a complaint against a holder/ owner it is important to include any documentation of the refusal to complete the purchase with the full message text and complete email headers. Our Privacy Policy prevents us from discussing the result of an investigation.

Following activities are not permitted on our network

1. Interfering with another user’s offer,
2. Users are not allowed to interfere with another user’s attempt to either purchase or sell domain names.
3. Users are not permitted to e-mail buyers in an open or completed transaction to warn them away from a seller or item. If you have a problem with a transaction, please review our Domain Protection Policy and/or submit a general complaint via our contact page.

Refusing to follow-through with a successful bid
Buyers automatically enter into a legally binding contract to purchase a domain from the seller if their bid is accepted by the seller or if they accept a seller’s offer to sell. Give careful consideration when making or accepting offers, our user agreement requires buyers to pay for the domains that they have committed to purchase. Buyers who refuse to follow through with domain offers that have been accepted by the seller are potentially liable to the Seller for breach of the sales contract to which both are parties have agreed into. This also counts for bids and/or sales agree onto via either WhatsApp, or e-mail (when both are validated customer data, and validated via LETS BRAND). If not a company, but private person: than you have a 7 days waiting period – in this period you may (without any extra costs, except a minimum of 25 euro in administration costs) cancel the purchase of a domain. If you are selling your domain this does not apply, as you are aware of the price and have agreed in earlier stage to let us broker, or sell the domain as of this set or price.

Soliciting sales outside our network
We prohibit e-mail offers to buy or sell listed or brokered domains outside our marketplace. Offers of this nature are meant to avoid LETS BRAND’s fee structure and are a potential fraud risk for both buyers and sellers.

This includes, but;

• Using information obtained through LETS BRAND to offer to buy or sell a listed or brokered domain outside of LETS BRAND.
• Canceling a domain listing or brokerage agreement to sell to a buyer who became aware of the domain due to the efforts or listings of LETS BRAND.
• Ending a domain listing early to sell it at a higher price to the winning bidder by avoiding having to pay the LETS BRAND commission.

Domain purchases outside of LETS BRAND do not receive the benefit of LETS BRAND’s Domain Sales Agreement or LETS BRAND’s escrow or domain transfer services that ensure safe and secure transfers of the domain and purchase price.

Retracting Bids
If you make an offer or counter-offer, it is binding for seven (7) days from the time you make the offer. During this time, you cannot cancel the negotiations or change your offering price. Sellers are similarly bound to commit to their offers for the same time period. Only after acceptance for buyers (being not a company there is a 7 day official retraction period in which they can retract their initial bid) Also stated earlier in this policy.

Purchasing domains protected by trademark rights
It is the Buyer’s responsibility to research whether or not their desired domain is subject to trademark or intellectual property protections. LETS BRAND prohibits the purchase or sale, rent-out, lease, sharing or parking of domains comprised of trademark protected terms.

To report a violation of LETS BRAND’s rules for buyers

1. Submit an email via our contact page.
2. Include any appropriate information, including any relevant emails and background.

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | DOMAIN SELLING POLICY 

Lastly amended: March 1st 2017

For both sellers and buyers it is the utmost importance that buying or selling their assets goes without any hassle. Therefore we have set-up some standard regulations which apply to purchased or sold (this counts for alle services where applicable on this matter) domains via LETS BRAND, or via our retrieval, protection or acquisition (any/or our other brand/ domain protect en registration services).

Selling your domain(s)
Via our marketplace, and brokerage service(s) it is possible to sell your domainname(s). Selling is a domain brokerage service, to sell your domains on base on pre-determinated pricing and effective brokerage fees. For this service a separate contract will be signed and countersigned between LETS BRAND and the client and/or customers in which are stated the correct terms and conditions.

Reporting a Violation of our Rules for Selling
If a domain owner has failed to follow the rules as stated in the agreement, has refused to complete a sale, you may report the seller to LETS BRAND by submitting an email through our contact page. While it is your right to seek judicial enforcement of your sales agreement, LETS BRAND may choose to issue a formal warning, a temporary suspension of the seller’s account or agreement, or canceling their account or agreement. When filing a complaint against a seller it is important to include any documentation of the seller’s refusal to complete the sale with the full message text and complete email headers. Our Privacy Policy prevents us from discussing the result of an investigation.

Following practices are not permitted:

1. Non-selling seller: If your offer to transfer the Domain is accepted, you must complete the transaction with a ready, willing, and able buyer. Accepting an offer constitutes a legally binding agreement and should be given serious consideration. Once an offer has been accepted the buyer has a legal right they can seek to have enforced in a court of law. Sellers who refuse to complete an accepted transaction risk having their LETS BRAND accounts cancelled.
2. Listing offensive domains: We reserve the right not to list domains that violate our Domain Offensive Policy.
3. Listing trademark protected domains: When you list a domain for sale (or any other domain service that we offer) you are representing that you are the legal owner of the domain and that the domain is free of any legal proceedings challenging your right to use the domain. This includes domains which infringe upon the rights of international trademark owners. Before listing a domain, it is your responsibility to perform the necessary research to ensure that your domain does not infringe the intellectual property rights of a third party. Often, sellers only become aware of potential trademark issues after listing their domains. When this occurs, sellers must remove such domains until legal clarification has been made. LETS BRAND reserves the right to remove domains which, in our sole discretion, may infringe or violate the proprietary rights of any third party.
4. Submitting Offers for Your Own DomainsL  Self-bidding undermines trust in our marketplace and is strictly prohibited. Self-bidding is the deliberate act of placing bids on your domains, the domains of your family or friends, or any offer otherwise submitted without the intent to follow-through should your bid be accepted, to artificially raise the price of a domain and is not allowed. To avoid the appearance of being involved in this activity, family members, friends, and individuals living together, working together, or sharing a computer should not bid on each others’ items.
5. Solicitation of an offsite sale: Soliciting domain sales outside of our marketplace for the purpose of circumventing fees that would otherwise be due to LETS BRAND is strictly prohibited. This includes using user contact information obtained from LETS BRAND or using any of LETS BRAND’s services or features to offer to sell any listed domains outside of our marketplace or sending unsolicited commercial email offers to bidders that have bid on your domains, or any domains listed on the our marketplace.
6. Failure to keep Account up-to-date:  When listing a domain for sale, sellers agree to keep any data which they have added to the domain database up-to-date. If a domain has been sold, the seller must remove it from the database. Furthermore, sellers must remove domains from the domain database immediately if a warning has been issued, or as soon as any knowledge has been received that the rights of a third party or existing laws could be violated by the listing. This shall apply until legal clarification of the situation has been made.

Reporting a Violation of our Rules for Sellers
If a domain seller has failed to follow any of the rules above, has refused to complete a sale and payment has not been sent or payment has been refunded you may report the seller to LETS BRAND by submitting an email through our contact page. While it is your right to seek judicial enforcement of your sales agreement, LETS BRAND may choose to issue a formal warning, a temporary suspension of the seller’s account or agreement, or canceling their account or agreement. When filing a complaint against a seller it is important to include any documentation of the seller’s refusal to complete the sale with the full message text and complete email headers. Our Privacy Policy prevents us from discussing the result of an investigation.

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | DOMAIN BACK-ORDER POLICY 

Lastly amended: March 1st 2017

For both sellers and buyers it is the utmost importance that buying or selling their assets goes without any hassle. Therefore we have set-up some standard regulations which apply to purchased, back-ordered or sold (this counts for alle services where applicable on this matter) domains via LETS BRAND, or via our retrieval, protection or acquisition (any/or our other brand/ domain protect en registration services).

Back-ordering your domains
Via our marketplace, and brokerage service(s) it is possible to back-order your domainname(s).Back-order is a special domain brokerage service, for which we try to register domains not yet available. Pricing is based on pre-agreed pricing via a seperate contract via our Domain Brokerage services. For this service a separate contract will be signed and countersigned between LETS BRAND and the client and/or customers in which are stated the correct terms and conditions.

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | DOMAIN APPRAISALS POLICY 

Lastly amended: March 1st 2017

For both sellers and buyers it is the utmost importance that buying or selling their assets goes without any hassle. Therefore we have set-up some standard regulations which apply to appraise (this counts for alle services where applicable on this matter) domains via LETS BRAND, for retrieval, protection or acquisition (any/or our other brand/ domain protect en registration services).

Appraise your domains
Via our marketplace, and brokerage service(s) it is possible to appraise your domainname(s). Appraisals are a special domain brokerage service, for which we appraise domains upon a fair price is based and with various range point in order to come to an appropriate price estimate. Pricing is set in our general price list. For this service a separate contract will be signed and countersigned between LETS BRAND and the client and/or customers in which are stated the correct terms and conditions.

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | DOMAIN FUNDING POLICY 

Lastly amended: March 1st 2017

For both sellers and buyers it is the utmost importance that buying or selling their assets goes without any hassle. Therefore we have set-up some standard regulations which apply to purchased, funded or sold (this counts for alle services where applicable on this matter) domains via LETS BRAND, or via our retrieval, protection or acquisition (any/or our other brand/ domain protect en registration services).

Funding your domains
Via our funding domain brokerage service(s) it is possible to let us fund  your domainname(s). Funding domain(s) is a special domain brokerage service, for which we try to acquire and fund domains for you. Domainname funding is a special domainname brokerage service, where we invest in your domainnames and is subject to specific contract- and regulations terms and conditions. For this service a separate contract will be signed and countersigned between LETS BRAND and the client and/or customers in which are stated the correct terms and conditions.

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | DOMAIN PARKING POLICY 

Lastly amended: March 1st 2017

You may park your domain at our company in order to increase the chance of a sale, rent-out, lease and or other domain services we provide. To use our domain parking server, you have to forward your domainname server to our DNS, or alter the IP-address(s). After we have checked if the domain is connected to our network, a webpage will be created with with banner and/or text ads, or automatically redirect your domain visitor to the website of an advertiser interested in domain traffic related to the category of your domain. If appropriate, a sign that the respective domain name is for sale/rent/lease/rent-to-own or other of our related domain service(s) will be added to your page. Please read below for LETS BRAND rules regarding domain parking, or to read the specific terms of use for Domain Parking, click here.

Intellectual Property Rights
We takes IP infringement seriously and have instituted policies and procedures allowing rights holders to submit complaints to LETS BRAND regarding the possible infringement by a domain owner participating in our domain parking service(s). With trademark infringement and click-fraud making front page news, users who participate in our domain parking service(s) represent that they are the rightful owner of their domains and that no intellectual property rights would be infringed by their participation. If you are not sure whether or not your domain names might possibly infringe a third party’s IP rights, please search a trademark database such as service provided by the European Patent and Trademark Office, or U.S. Patent & Trademark Office or search international trademarks try the service provided by the World Intellectual Property Organization.

Rules for domainname parking
As mentioned above, click fraud has emerged as the number one obstacle to the success of domain traffic monetization models. Click fraud occurs when either computer programs or individuals are used to drive traffic to a website containing advertisement listings or directly to advertiser websites, such as our service, and who or which navigate to the domain and/or click on the listed ads displayed with no intention to purchase or inquire about the goods, services or companies being advertised. The threat posed by these practices is best illustrated by the number of advertisers who have greatly reduced the amount they spend on pay-per-click advertising. For these reasons, LETS BRAND requires our participants to abide by the following set or rules and regulations.

PLEASE NOTE: COMMITTING ANY OF THE FOLLOWING PROHIBITED ACTIONS CONSTITUTES GROUNDS FOR IMMEDIATE TERMINATION FROM THE PARKING PROGRAM AND FORFEITURE OF ANY ACCUMULATED EARNINGS WITHOUT PRIOR NOTICE. PLEASE READ AN

• Domain owners may not generate artificial page views, click on advertising links displayed on their own domain names, nor ask friends, family, employees, or others to do so.
• Domain owner may not beg, ask, entice, or provide incentives for visitors to view their domain or click on advertising links.
• Domain owner may not re-direct traffic to their parked domain name. This prohibition includes, but is not limited to, traffic redirected from other domain names, traffic originating from advertising and purchased traffic such as pop-under or exit traffic. Each domain name must be parked separately.
• Domain owner may not display their parked page as a pop-under or pop-up window without prior written approval from LETS BRAND.
• Domain owner may not categorize domain names in unrelated categories or specify an incorrect language parameter.
• Domain owner may not submit advertising keywords that are unrelated to the subject area of the domain name.
• Domain owner may not generate traffic to their domain name(s) or clicks on advertising links by any of the following methods: listings on newsgroups or discussion boards (with the exception of “domain for sale” postings), bulk emailing, social media postings, iframes, zero pixel frames, hitbots, clickbots, spiders, CGI scripts, java-scripts, or any other similar method.
• Domain owner may not modify the Domain Parking page or code in any way without prior approval. Only clicks or page views originating from an unmodified, Domain Parking-served parking page will be considered valid.
• Domain owner may not place the Domain Parking page within a frame without prior written approval from LETS BRAND.
• Domain owner may not mislead visitors into believing that he/she will receive anything other than an internet search by viewing a domain or clicking on a text link or search box.
• Referring pages must not be password protected in any way.
• LETS BRAND reserves the right to terminate your account if it is idle for more than one month or upon suspicion of any violation of these rules or the Domain Parking Terms and Conditions.
• Inability to comply with any of the terms of the agreement, the Domain Parking Terms and Conditions or these Rules for Domain Parkers will forfeit any unpaid earnings and result in the termination of Domain owner’s Parking Program account. Further legal action may be taken in response to such violations as well.

Payment of Parking revenues
We will pay-out the user a percentage of all revenues generated by the user’s parked domain names. Users who participate in our parking program will be paid via wire transfer, or Paypal, depending on the Users place of residence. Payments will be made on or about 15 business days after the end of each calendar month for Click Balances earned and received during the prior month less any amount LETS BRAND determines, in its sole discretion, was not validly earned (see above for more details on invalid earnings), as long as the user has completed the our certification process and has entered his valid payment details.

The minimum payment amount is 50 EURO. Unissued earnings will be held until the month in which the total amount due exceeds the minimum payment amount for the chosen payment method or until the participation in the parking program has ended, in which case final payment will be made by method chosen by LETS BRAND in its sole discretion. Un-issued earnings less than 50 EURO or earnings undeliverable because of incomplete or inaccurate account data will expire after a period of 6 months and will be deleted.

PLEASE NOTE: Domain owners must understand that LETS BRAND will not withhold taxes from any payments, and that it is the responsibility of domain owner to pay all local, state, federal, and/or foreign taxes on income received from the parking program. By participating in our service(s), domain owners agree to indemnify and reimburse LETS BRAND on account of any claim or assessment of taxes by any foreign country, state, and/or local taxing authority, and any other costs and damages arising from or in connection with the use or operation of our domain parking service(s).

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | DOMAIN FORWARDING POLICY 

Lastly amended: March 1st 2017

We have set-up some standard regulations which apply to domain regulation(s) (this counts for alle services where applicable on this matter) domains via LETS BRAND, for registration, retrieval, protection, acquisition any/or our other brand/ domain protect en registration services.

Domain forwarding
Domains at LETS BRAND can be forwarded via our control panel(s) or webserver(s) to other websites or parking pages. In case of forwarding domains to our Domain Parking we refer to these terms as published on our website. When choosing Domain Forwarding you have option of forwarding your domain to the by you desired url location (either based on our network or external network), as long it does not infringe with any of our general terms and conditions and/or other stated policies and terms and conditions f.e. when it comes to IP-infringement, than you are free to use this service. You may also execute a forwarding via a webserver with the usage of a PHP or .HTACCESS coding.

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | DOMAIN REGULATION POLICY 

Lastly amended: March 1st 2017

We have set-up some standard regulations which apply to domain regulation(s) (this counts for alle services where applicable on this matter) domains via LETS BRAND, for registration, retrieval, protection, acquisition any/or our other brand/ domain protect en registration services.

Regulations for domains
There are thousand(s) of domainname extensions worldwide. Some extensions are free of any regulations, but there are also regulations for domainname extensions (such as; local contact, minimum registration term of 2 years, technical demands and/or premium domains on top of normal registration). For all these registry regulations we try to our utmost best to publish this onto our site and or take it with us in our prospections, appraisals and/or other services we offer. We however cannot be held liable for any mistypes or any other wrong disclosure of registry policies, as this is the responsibility solely of the registries. In case registries requesting prices for any additional services for example; domain registration, premium domainnames and/or any other we will take this with us in our communication, but again and only against our utmost best and ability. For pricing we are aware of these pricing is set in our general price list. And in case needed for this service a separate contract / order will be signed and/or agreed on and countersigned/ counter agreed on between LETS BRAND and the client and/or customer.

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | DOMAIN KEYWORD USAGE POLICY 

Lastly amended: March 1st 2017

We have set-up some standard regulations which apply to our service(s) (this counts for alle services where applicable on this matter) domains via LETS BRAND, for registration, retrieval, protection, acquisition any/or our other brand/ domain protect en registration services.

Our Keyword Policy was designed to help users make informed decisions when choosing a keyword for their parked domain name, or for our parking consultancy service(s). LETS BRAND’s terms of use prohibit the use of keywords that are irrelevant to the subject matter of the domain or that may cause a domain to display content that may infringe the rights of a third party. These rights include, but are not limited to, trademarks, copyrights, publicity rights, unfair competition, etc. In particular, LETS BRAND takes allegations of trademark infringement very seriously. We work to balance the competing interests of legitimate domain owners and third party intellectual property owners. LETS BRAND investigates all matters raised by trademark owners through our Rights Protection Program.

Keywords on Parking page(s) and terms
Once a related keyword has been entered in connection with a domain name, LETS BRAND displays relevant advertisements based on the keyword. LETS BRAND does not maintain any control of the specific advertisements or links provided by our advertising partners and the advertisements displayed are subject to change each time a parked page is viewed.

It is against our terms of use to submit keywords that would generate advertisements that are unrelated to the subject matter of the domain name. LETS BRAND maintains the right to review any and all keyword submissions for relevancy and violating this policy can result in the suspension of the user account and deletion of any accumulated click balance. LETS BRAND reserves the right to deny any keywords and to disable domain parking for any specific domain(s) at its sole discretion.

LETS BRAND prohibits the use of trademarked terms as keywords or keywords that would produce infringing advertisements when paired with a domain name. Only words and terms in their generic or descriptive sense may be used as a keyword for a domain parked with LET BRAND. If there are no relevant keywords that would produce non-infringing content, the domain name may not be parked with LETS BRAND’s services.

Users are solely responsible for the advertisements displayed on their domain names. LETS BRAND strongly suggests performing a search of all relevant trademark databases because trademarks are protected in every country throughout the world. If Parking consultancy has been chosen than LETS BRAND will set-out an investigation, mits this has been chosen with the service(s) but Customer will always hold LETS BRAND harmless in case error might occur in these rapport or executions of services.

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | DOMAIN RENEWAL POLICY 

Lastly amended: March 1st 2017

For domain holder it is the utmost importance that renewal of services go without any hassle. Therefore we have set-up some standard regulations which apply to renewal(s) (this counts for alle services where applicable on this matter) domains via LETS BRAND, or via our retrieval, protection or acquisition (any/or our other brand/ domain protect en registration services).

Renewals of Domains
Domain renewal are set-out under our general terms for Domainname Registration.

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | DOMAIN TRANSFER and TRADE POLICY 

Lastly amended: March 1st 2017

For both sellers and buyers it is the utmost importance that buying or selling or updating their assets goes without any hassle. Therefore we have set-up some standard regulations which apply to purchased, sharing, dedicated or sold (this counts for alle services where applicable on this matter) domains via LETS BRAND, or via our retrieval, protection or acquisition (any/or our other brand/ domain protect en registration services).

Trade your domain
When a trade is needed for a domain registries can request additional prices on top of the normal registration fee. Please keep in mind that you should always be aware of this. LETS BRAND charges standard 12,50,- euro (excl. VAT) in administration costs for any request for a Trade. A trade will thus change the holder of the domain, so this means that all rights for a domain will switch to the new holder.

Transfer your domain
A transfer of a domainname means that a domain is transferred from one registrar to another registrar, or internal in a registries. When a transfer is needed for a domain, in most cases there are no extra fees thus a transfer will insist that with payment of the new registration term the transfer has also been paid for. In most cases transfers are free to LETS BRAND, but we charge standard 12,50,- euro (excl. VAT) in administration costs for any request for a Transfer to our company. In case that additional work is necessary to provider the transfer to a registrar that is NOT LETS BRAND, or to LETS BRAND, we shall hold in account our hourly rate at 100 euro (excl. VAT) to be charged for time made for the necessary steps and actions taken.

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | DOMAIN CONSULTANCY and BROKERAGE POLICY 

Lastly amended: March 1st 2017

We have set-up some standard regulations which apply to our service(s) (this counts for alle services where applicable on this matter) domains via LETS BRAND, for registration, retrieval, protection, acquisition any/or our other brand/ domain protect en registration services.

As LETS BRAND we offer a diversity of services such as:

• Domain brokerage,
• Domain consultancy,
• Domain retrieval,
• Domain acquisition,
• Domain protection,
• Domain watch,
• Domain Monitoring,
• Domain dispute consultancy,
• Domain infringement consultancy,
• Domain audits,
• Domain portfolio management,
• Well.. and many more!

These General Terms and Conditions, and where applicable Our Specific Terms and Conditions, Our Online Policies, Our General Terms and Extra Policy Terms, shall be interpreted and applied as a single instrument (the “Contractual Terms” or the “Agreement”). The Agreement between LETS BRAND and the Customer sets forth the legal rights and obligations governing LETS BRAND offerings, provisioning and delivery of the Services and the Customer’s receipt and use thereof. To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms Conditions.

1. Service
We shall provide the Customer with our services as defined hereafter as the Customer has submitted an Order pursuant to the General Terms and Conditions.

For all services where we have explicit regulations those are published, but what with services for which are not for mentioned. We wanted to explain a couple of terms below just to make sure:

2. Order start
An order is accepted and will be created after the customer accepts our digital contract (this can be signed online with acceptance agreement). In this acceptance agreement / contract, the description about the order will be placed (such as: pricing – monthly fee, durance of the contract, choice of contract form et. cetera). Cq. al the details that will lead to the execution of the contract according as bespoken.

3. Order process
After acceptance of the contract (and if required payment), we will initiate with the services.

4. Options
All Pricing depends on the chosen package(s) / options, as will be executed if chosen and paid with the options valid for the chosen package(s)/ option(s). We have a general page where all pricing, if applicable and possible will be published: price list.

5. Payment and fees
Payment can be done online, as stated in the confirmation e-mail when requested an order via the terms as stated in our Financial Information. And the fees will be displayed on our Price List survey, and of course on the service(s) specific page.

6. Fees and extra:
On our website we have displayed the pricing for (most) of our services, and also on our general price list survey. The prices are excl. VAT and additional fees can be charged if we need to assist. If we need to support extra with assistance our hourly rate is 100 euro (excl. VAT).

7. Fees in case of accidental cancellation or non-payment
In case of non-payment we also may charge legal based interest and administration costs. And in case we have to request legal assistance you hereby agree that all costs are for you, the Customer, and that for every by us activated case there is a minimum legal fee/ charge of 60 euro excl. VAT which comes on top of the extra interest and administration cost and all other costs created due to non-payment or late-payment.

If after the first period a renewal is on its way, than an invoice will be send 28 days prior of the expiration date. Only when the invoice is paid on time the services will be continued. LETS BRAND is not all responsible for any damages out-coming the non-renewal of Local service if payment was not done on time.

8. Refunds and cancellation
The Customer understands and agrees that all fees applicable to the services are non-refundable.  The Customer further acknowledges that after monies paid to LETS BRAND does not release the Customer from their obligation to pay all fees applicable to the Service they have ordered. Notwithstanding the foregoing, the Customer having the legal status of consumer pursuant to the Dutch consumer code is entitled to benefit from the statutory fourteen (14) day period of withdrawal. This entitles only private customers, and not companies.

9. Our obligations
LETS BRAND disclaims all responsibility and liability for the services.

10. Modification
In accordance with article 7.2 of the General Terms and Conditions, LETS BRAND retains the right to discontinue or suspend at any time, temporarily or permanently any part of the services. In such a case LETS BRAND shall make its best efforts to inform the Customer of such modification or suspension of the services in a timely  manner. The Customer understands and accepts that LETS BRAND cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of services.

11. Termination regulation
The Customer accepts that in certain circumstances, LETS BRAND will be entitled to terminate our services without prior notice. In case of termination of the whole Agreement as set forth by article 14 of the General Terms and Conditions, the Customer shall hold LETS BRAND harmless from any responsibility arising from any further intervention request on the services. The Customer expressly agrees that no refund shall be granted in the case of termination of the services and/or the whole Agreement.

12. Applicable law and jurisdiction
This Agreement is governed by Dutch law. This shall apply to both substantive and adjectival rules, at the exclusion of both Dutch conflict of law rules and statutory provisions contrary to the terms of the Agreement. Any dispute pertaining to the Contractual Terms, their interpretation or execution that may not be amicably settled shall be subject to the exclusive competence of Dutch court(s).

How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | USER AGREEMENT

Lastly amended: March 1st 2017

This user agreement (the “agreement” of “user agreement”) shall govern the terms and conditions for your use of the websites owned, affiliated, or operated by or services offered by LETS BRAND (“letsbrand”), a Dutch corporation, or use of the websites, affiliated domains, owned or operated by or services offered by letsbrand and in conjunction with any specific terms and conditions, and general terms and conditions that apply to the particular services offered by letsbrand, where otherwise placed in specific terms regarding these particular services and or product offered by letsbrand.

By using our domain(s), sub-domain(s), and affiliated domain(s) of letsbrand (collectively, the “site”) and/or utilizing letsbrand’s domain marketplace services (the “services”), you (“you” or “user”) acknowledge that you have read, understood and agreed to be bound and abide by the terms and conditions of this agreement and all policies and guidelines incorporated by reference, as they may be amended by letsbrand from time to time in its sole and absolute discretion. It is your responsibility to review this agreement periodically, and if at any time you find this agreement unacceptable, you must immediately leave the site and cease all use of the site and/or services.

YOU AGREE THAT BY USING THE SITE AND/OR SERVICES YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. IF YOU ARE REGISTERING ON BEHALF OF A BUSINESS ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT.

You must read, agree with, and accept all of the terms and conditions contained in this user agreement, along with the following policies and the applicable service agreements which are hereby incorporated by reference and also stated in our Legal Policies statement.

The following agreements are also validated under this agreement, and are all stated on our Legal Policies page(s).

• General Terms / User Agreement,
• Our Specific Terms,
• Extra Policy Terms,
• Our Financial Information,
• How to file a Complaint.

This Agreement is effective upon the earlier of: (i) your first use of the Site or Services for any reason; (ii) acceptance of this Agreement by new registering users; or (iii) the Effective Date noted on the posted version of the Agreement. LETS BRAND may elect to discontinue offering the Site or the Services, or any portion thereof, at any time for any reason, with or without advance notice. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. Eligible users
If you are not yet 18, do not have the capacity to enter into contracts, are easily offended, or are accessing this Site from any country where material on this Site is prohibited or illegal, you do not have permission to access the Site or the Services. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this Site, the parent or guardian should email us at legal@letsbrand.com to make arrangements, although no such access can be guaranteed. Accessing our Services, products, or contents available on our Site, except as expressly allowed through instructions and truthful statements by the User, in regard to use of this Site from places where their contents are illegal, is prohibited. Those who choose to access our Site from other locations does so knowingly on their own initiative and voluntarily at their own risk and is responsible for compliance with local laws.

2. Modification of the user agreement
LETS BRAND may, in its sole discretion, can change or modify this Agreement at any time after a reasonable notification period, usually no less than two weeks, and, unless LETS BRAND receives your written objection to the modified terms of the Agreement within the notification period, such changes shall be effective upon posting to the Site. You acknowledge and agree that (i) LETS BRAND may notify you of such changes or modifications by posting them to the Site and (ii) your use of the Site or the Services found at the Site after the Effective Date date at the top of this page, shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Site or the Services found at the Site.

In the event that you refuse to accept such changes, LETS BRAND will have the right to terminate the Agreement. The posting date and effective date for this Agreement are noted at the top of this document. Except as provided, this Agreement may not be amended or modified except in writing signed by you and LETS BRAND. LETS BRAND may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your User account (“Account”) information current. LETS BRAND assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

3. Acceptable Use
At all times your use of the Site and Services must be in compliance with this Agreement and the acceptable use policies posted on the LETS BRAND website under Policies. If you violate the Acceptable Use terms described herein, we may, in its sole discretion, with or without notice, terminate your access to the Site and Services.

You are allowed to create one (1) user account with LETS BRAND. Your right to use the Site and Services is personal to you. Post office boxes or addresses of office service providers may not be used as an address for a User Account. It is likewise not permitted to provide value-added service numbers as telephone numbers for a User Account. Furthermore, LETS BRAND reserves the right to forbid the use of freely available email addresses as the email address for a User Account.

As a condition of your use of the Site and Services, you warrant to LETS BRAND that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. Prohibited uses include, but are not limited to: competitive analysis (including copying and/or providing screen shots, which are copyrighted material owned by LETS BRAND); data mining or scraping through the use of robots, spiders, or otherwise; and/or any use with the potential to infringe the rights of any third party.

In addition, you hereby represent and warrant that: (a) you are an eligible user (see Eligible Users); (b) you have provided accurate and complete information in connection with your registration and use of the Site and Services (all such information collectively referred to as “Your Information”), and (c) you will update your Account to ensure that Your Information remains accurate and complete.

Use of the Site and Services: You acknowledge and agree that you may not use the Site or the Services to:

1. defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
2. conduct or forward illegal contests, pyramid schemes, or chain letters;
3. publish, post, distribute, disseminate or link to any:
   1. inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information;
   2. software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials;
   3. software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another’s computer (e.g., “cracks,” “hacks,” or other programs written to defeat the security measures of any computer, system or program(s));
4. sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party’s rights, registered or unregistered securities, goods or services that:
   1. you cannot legally sell,
   2. are misrepresented, and/or
   3. if sold, would cause LETS BRAND to violate any law, statute or regulation;
   4. harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties;
   5. restrict or inhibit any other user from the use and enjoyment in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site;
5. use a domain in connection with your use of the Site that is confusing or misleading to other Users or to the public;
6. email or otherwise transmit, distribute, publish or disseminate any junk email, spam, chain letters, pyramid schemes, or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise);
   1. violate the rights of any third parties, including, but not limited to, trademark, copyright, naming or publicity rights, or
   2. violate any applicable government laws or regulations.

LETS BRAND does not condone or allow spam. LETS BRAND will cooperate with legal authorities and Internet service providers in releasing information about users who violate the terms of this Agreement or posted policies.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. At all times, you remain solely responsible for Your Information.

Protecting your privacy and the personal information you provide us is a top priority at LETS BRAND. For this reason,LETS BRAND does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. At LETS BRAND, we want our users to fully understand what information we collect, how we use this information, and the steps we take to protect your personal information. Please read the Privacy Policy, which is hereby incorporated by reference, to learn more about the policies and procedures LETS BRAND has put in place to achieve this goal.

You agree not to share any information provided to you by or on behalf of LETS BRAND with any third party except as expressly permitted herein. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed byLETS BRAND via the Site or offered by the Site, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of the Services or the Site for which you offer competing or substitute products or services; or (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of the Services or the Site.

LETS BRAND is not obligated to monitor user-generated content on the Site. However, with respect to the use of the Services or the Site,LETS BRAND reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in LETS BRAND’s sole discretion, without notice at any time.

In order to preserve a safe and secure Site and Services for our users, LETS BRAND may elect to require you to perform a user account certification process that may include, but is not limited to, confirming your billing information, verifying the accuracy of your account details, requesting a copy of government-issued identification, requiring a security deposit for high value transactions, and other account certification methods as LETS BRAND may develop in its sole discretion at any time. Failure to perform the requested user account certification methods will result in limited access to the Site and Services.

Upon suspicion of violation of the acceptable use terms of the Site or Services, LETS BRAND may elect to suspend or terminate your LETS BRAND user account and/or access and use of the Site or Services, or any portion thereof, at any time with or without advance notice.

You are responsible for safeguarding the confidentiality of your password(s) and login name(s) issued to you by LETS BRAND, and for any use or misuse of your account or the Services or the Site resulting from any third party accessing your LETS BRAND user account or otherwise using a password or login name issued to you. You agree that you will notify LETS BRAND immediately of any known or suspected un-authorized use, breach of security, or violation of this Agreement, on or relating to the Site.

4. Our Fees
Except as otherwise noted, creating a user account with LETS BRAND is free. We do, however, charge fees for our online and offline services and you are given an opportunity to review and accept the fees that will be charged in connection with certain Services. You are responsible for all applicable taxes, costs, hardware, software, services and all other costs and expenses related to your ability to access or use the Site and Services or your activity conducted through the Site. LETS BRAND reserves the right to deduct any amounts owed by User to LETS BRAND from amounts owed by LETS BRAND to User. LETS BRAND may, in its sole discretion, add, delete or change any of the Services provided, fees charged by LETS BRAND or payment terms. LETS BRAND’s standard fees and any changes will be posted to our Price List, and the applicable Services and fees will be binding on the effective date noted on the Price List. No advance notice is required for any prospectively effective change in Services offered or fees charged therefore. Unless otherwise stated, all fees and currency amounts are quoted in EURO’S as being the standard currency.

5. Liability Disclaimers and Indemnification
LETS BRAND is in no way responsible for the content of any web site owned or operated by a third party that may be linked to or from the Site or Services via hyperlink, whether such hyperlink is provided by LETS BRAND or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any web site to which the Site may link, including information on the web site regarding the LETS BRAND Site or Services. By providing access to other web sites, neither LETS BRAND nor its affiliates are recommending the purchase or sale of the stock issued by any company, nor are they endorsing products or services offered by any web site’s sponsoring organization.

YOU AGREE THAT USE OF LETS BRANDS’s SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. LETS BRAND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LETS BRAND MAKES NO WARRANTY TO ANY PROSPECTIVE BUYER THAT THE DOMAINS LISTED BY SELLERS ON THE LETS BRAND DATABASE HAVE IN FACT BEEN REGISTERED, OR THAT THE SELLERS ARE THE LEGAL OWNER OF SUCH DOMAINS, OR THAT THEY ARE AUTHORISED TO ASSIGN/LICENSE SUCH DOMAINS. LETS BRAND MAKES NO WARRANTY THAT THE BUYER MAY USE THE DOMAIN OR THAT THE SELLER MAY TRANSFER THE DOMAIN WITHOUT VIOLATING ANY RIGHTS OF A THIRD PARTY. LETS BRAND MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DOES LETS BRAND MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY LETS BRAND IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM LETS BRAND OR THROUGH THE SERVICES PROVIDED BY LETS BRAND SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.

You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Site, or LETS BRAND’s products or Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

IN NO EVENT SHALL LETS BRAND, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). LETS BRAND’S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) 50 EURO. YOU AGREE TO INDEMNIFY AND HOLD LETS BRAND AND (AS APPLICABLE) LETS BRAND’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

6. Intellectual Property
All content, database information, data and services available on, and collected as a whole through this Site, are property of LETS BRAND, its affiliates, advertisers and licensors, and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws in the Netherlands and internationally. All rights not expressly granted herein are fully reserved by LETS BRAND, its affiliates, advertisers, and licensors. LETS BRAND’s licensors’ or other third-party materials, services or products referenced on this Site are common law or registered trademarks or service marks of such parties.

Solely to enable LETS BRAND to use your information, so that we are not violating any rights you might have in such information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, licensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to Your Information. LETS BRAND will only use Your Information in accordance with our Privacy Policy.

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, notify LETS BRAND’s in writing and provide the following information: your name; your email address; your mailing address; your phone number; the URL, path or other specific location where the allegedly infringing material is located; description of the allegedly infringed work, including (if available) the URL, path or other specific location where the copyrighted work may be found for comparison; and your relationship to the owner of the allegedly infringed work. Pursuant to European or international law, notifications of claimed copyright infringement should be sent to LETS BRAND. See our section (How to Contact LETS BRAND).

All contents of the Site are: Copyright of LETS BRAND B.V. and/or its suppliers. All rights reserved.

“LETS BRAND” is a registered trademark of LETS BRAND B.V.. The names of other companies and products mentioned herein may be the trademarks of their respective owners. LETS BRAND reserves any rights not expressly granted herein.

7. Term and Termination
Until and unless terminated by you or LETS BRAND, your status as an eligible or registered User will continue indefinitely, and fees for Services will be charged as described herein (see Section “Fees”). LETS BRAND may terminate this Agreement and your access to the Site and related Services at any time, with or without cause, and with or without notice. Upon termination of your right to use the Site, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Site or LETS BRAND’s systems. LETS BRAND is under no obligation to maintain any such data or information.

8. General information
This Agreement is governed by the laws of the Netherland. You hereby consent to the jurisdiction of, and venue in, courts located in the Netherlands (Breda and/or Bergen op Zoom – NL), in all disputes arising out of or relating to the Site, or Services, including any action commenced by you against LETS BRAND or its affiliates. Use of the Site or Services is un-authorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LETS BRAND as a result of this Agreement or use of the Site or Services. LETS BRAND’s performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of LETS BRAND’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by LETS BRAND with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and LETS BRAND with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LETS BRAND with respect to the Site or Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. Any failure of LETS BRAND to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party. At any time, LETS BRAND may, in its sole discretion and without providing notice or obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.

9. How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | SPECIFIC TERMS AND CONDITIONS DOMAIN APPRAISALS AND VALIDATION

Lastly amended: March 1st 2017

These General Terms and Conditions, and where applicable Our Specific Terms and Conditions, Our Online Policies, Our General Terms and Extra Policy Terms, shall be interpreted and applied as a single instrument (the “Contractual Terms” or the “Agreement”). The Agreement between LETS BRAND and the Customer sets forth the legal rights and obligations governing LETS BRAND offerings, provisioning and delivery of the Services and the Customer’s receipt and use thereof. To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms Conditions.

1. Service
We shall provide the Customer with Domain Validation / Appraisal (the “DVA”) as defined hereafter as the Customer has submitted an Order pursuant to the General Terms and Conditions.

2. Order start
An order is accepted and will be created after the customer accepts our digital contract, or agreement on the pricing either by paying the invoice or by acceptance via e-mail. (The online agreement can be signed online with acceptance agreement). In the acceptance agreement / contract, the description about the order will be placed (such as: pricing – monthly fee, durance of the contract, choice of contract form et. cetera). Cq. al the details that will lead to the execution of the contract according as bespoken.

3. Order process
After acceptance of the contract, we will initiate with the DVA – as chosen the DVA package required.

4. Options
On our website different Validation forms are to be chosen from. Pricing depends on the chosen package / option, as will be executed if chosen and paid with the options valid for the chosen package or DVA rapport.

5. Guarantee
The Customer commit to hold LETS BRAND and/or the Provider harmless against any claim and/or suit from any third party based on or arising from the Customer’s use of the Service. This guarantee includes among others that the Customer will fully indemnify LETS BRAND and/or the Provider for any direct or indirect damages such as but not limited to, all administrative, judiciary or extra judiciary costs incurred for LETS BRAND and/or the Provider by the Customer’s use of the Service. In the event the DVA relies on the services of a Provider, additional terms of use may apply.

6. Refund
The Customer understands and agrees that all fees applicable to the DVA are non-refundable.  The Customer further acknowledges that the early termination of the DVA does not entail the refunding of any monies paid to LETS BRAND nor does it release the Customer from their obligation to pay all fees applicable to the Service they have ordered. Notwithstanding the foregoing, the Customer having the legal status of consumer pursuant to the Dutch consumer code is entitled to benefit from the statutory fourteen (14) day period of withdrawal. This entitles only private customers, and not companies. However a DVA will only be executed after full payment, and only than will be delivered as upon promised.

7. Fees and extra:
On our website we have displayed the pricing for (most) of the DVA, and also on our general price list survey. The prices are excl. VAT and additional fees can be charged if we need to assist. If we need to support extra with assistance our hourly rate is 100 euro (excl. VAT).

8. Fees in case of accidental cancellation or non-payment
When DVA is cancelled / or not paid we will de-activate the service. For re-activation of the DVA we charge a standaard re-activation fee of 25 euro one-time-fee. Please see our price list, or contact our support for the exact and/ or current pricing is euro’s.

In case of non-payment we also may charge legal based interest and administration costs. And in case we have to request legal assistance you hereby agree that all costs are for you, the Customer, and that for every by us activated case there is a minimum legal fee/ charge of 60 euro excl. VAT which comes on top of the extra interest and administration cost and all other costs created due to non-payment or late-payment.

If after the first period a renewal is on its way, than an invoice will be send 28 days prior of the expiration date. Only when the invoice is paid on time the services will be continued. LETS BRAND is not all responsible for any damages out-coming the non-renewal of Local service if payment was not done on time.

9. Our obligations
With the experience in Domain Brokerage our Validation Rapports are an official document for Validating your Domain Assets, however. LETS BRAND disclaims all responsibility and liability for the DVA. As the DVA is an indication of Validation based on multiple factor as chosen by LETS BRAND for Validation purposes. Users interested in buying, selling or donating a domain name may order LETS BRAND’s Domain Appraisal Validation Service whereby a LETS BRAND appraiser will evaluate and appraise the worth of the domain name. Appraised values obtained from the Domain Appraisal Validation Service are estimated values. Furthermore, the price can deviate significantly upwards or downwards when an actual sale is made due to a special market situation, negotiating power or legal uncertainties (such as with respect to any potential conflicts with trademark rights of third parties).

10. Modification
In accordance with article 7.2 of the General Terms and Conditions, LETS BRAND retains the right to discontinue or suspend at any time, temporarily or permanently any part of the DVA. In such a case LETS BRAND shall make its best efforts to inform the Customer of such modification or suspension of the DVA in a timely  manner. The Customer understands and accepts that LETS BRAND cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the DVA.

11. End of contract / Termination regulation
The Customer accepts that in certain circumstances, LETS BRAND will be entitled to terminate their DVA without prior notice. In case of termination of the whole Agreement as set forth by article 14 of the General Terms and Conditions, the Customer shall hold LETS BRAND harmless from any responsibility arising from any further intervention request on the DVA. The Customer expressly agrees that no refund shall be granted in the case of termination of the DVA and/or the whole Agreement.

12. Applicable law and jurisdiction
This Agreement is governed by Dutch law. This shall apply to both substantive and adjectival rules, at the exclusion of both Dutch conflict of law rules and statutory provisions contrary to the terms of the Agreement. Any dispute pertaining to the Contractual Terms, their interpretation or execution that may not be amicably settled shall be subject to the exclusive competence of Dutch court(s). 

13. How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | SPECIFIC TERMS AND CONDITIONS DOMAINNAME SERVICES

Lastly amended: March 1st 2017

These General Terms and Conditions, and where applicable Our Specific Terms and Conditions, Our Online Policies, Our General Terms and Extra Policy Terms, shall be interpreted and applied as a single instrument (the “Contractual Terms” or the “Agreement”). The Agreement between LETS BRAND and the Customer sets forth the legal rights and obligations governing LETS BRAND offerings, provisioning and delivery of the Services and the Customer’s receipt and use thereof. To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms Conditions.

Important definitions

• Extension: the string of characters at the extreme right of the Domain Name which indicates the name zone in which the Domain Name is registered. The extension consists of two or more letters corresponding to:
  • the code given to a country pursuant to the ISO 3166-1 standard (Country Code Top Level Domain or “ccTLD” );
  • a generic code (Generic Top Level Domain or “gTLD”) assigned by the Internet Corporation for Assigned Names and Numbers, for which the list is available at www.icann.org.
• Domain Name /new gTLD’s / TLD’s: string of characters registered by a Registry within the zone.
• Registry Policy: terms of registration under a given Extension, or any other text with a similar scope and purpose referenced as “Charter” or “Terms of Registration”, of the Registries.
• Registrar: commercial entity accredited by one or more Registries to act as their intermediary with Domain Name holders.
• Registry: entity in charge of the delegation of domain names for a specific Extension as referenced in the Internet Assigned Numbers Authority database available at: www.iana.org.

1. Domain Service
LETS BRAND shall provide the Customer with a range of registration and administration services for Internet domain names (the “Domain Name Service”) as defined hereafter and insofar as the Customer has submitted an official order pursuant to the General Terms and Conditions.

An order is accepted and will be created after the customer accepts our digital contract, or agreement on the pricing either by paying the invoice or by acceptance via e-mail. (The online agreement can be signed online with acceptance agreement). In the acceptance agreement / contract, the description about the order will be placed (such as: pricing – monthly fee, durance of the contract, choice of contract form et. cetera). Cq. al the details that will lead to the execution of the contract according as bespoken.

• Domain name availability: we provide via our hosting section, a search engine for domain name availability – also for other services a manual check will be executed. This search engine, which relies for the most part on data provided by the Registries, is provided for informational purposes only. The data retrieved and displayed by this search engine is of an informational nature only and shall not entail any obligation, duty or liability on the part of LETS BRAND, including with regard to any use that may be made of such data or the accuracy of such data.
• Domain Name registration: we shall proceed to the registration of domain names under various Extensions – an applicable and up-to-date list is available on our hosting section website(s) – for the term selected by the Customer in and agreed upon which they have submitted to LETS BRAND pursuant to the General Terms and Conditions. Acting as a mere technical intermediary, we shall transmit the Customer’s registration request to the applicable Provider for purposes of fulfilling the Customer’s order, namely the Registries acting as Providers for the Domain Name Service. In carrying out this process, LETS BRAND will not perform any action to verify in any manner whatsoever the availability of the string of characters that the Customer wishes to register as a Domain Name under a specific Extension. The Customer acknowledges and accepts that LETS BRAND does not guarantee that the Domain Name for which they submitted an order will be available for registration, regardless of the fact that such order was accepted by LETS BRAND and the applicable fee paid by the Customer. The Customer agrees that in the event of any dispute concerning the time of the entry of a Domain Name registration into the Registry system, the timestamp shown in the Registry system records shall control. In carrying out any operation relating to the registration or modification of administrative or technical data, or deletion of a Domain Name, LETS BRAND’s role is strictly limited to acting directly or indirectly on the Customer’s behalf vis-á-vis the Registry in charge of Domain Name attribution in the relevant Extension.
• Domain Name renewal
  • Automated renewal: In order to avoid an unwanted expiration of the Domain Name, it is possible to enables to activate automated renewal option with LETS BRAND. If this option is activated, we will attempt to renew the Domain Name prior to its expiration date and for the term selected by the Customer. This automated renewal shall be operated in accordance with the terms of article 6 of the General Terms and Conditions.
  • Manual renewal: If the automated renewal option is not requested, the Customer will need to manually renew the registration of the Domain Name via before its expiration date. Bye default all our clients are not renewed automatically, but invoices will be send promptly and on time to our Customers. Upon you have the freedom to never be connected to any contract for this services with our organization. But ofcourse it is possible to activate an automatic renewal option with us so that we know that you wish to  renewal your domains automatically. For companies auto renewal is always activated unless a exit of contract is requested, but for private customers according to Dutch and European regulation we cannot renew contracts by default without a sole handling and/or payment for renewing contracts. LETS BRAND will notify the Customer several times of the expiration and applicable methods to renew the Domain Name, by sending the Customer emails to the address registered as part of the Customer Details. We cannot be held liable if the Customer fails to take the necessary action to renew the Domain Name or in the case of the Customer Details being inaccurate or obsolete and, more generally, in case of the Customer failing to receive the expiration notice. The Customer remains solely responsible for the renewal of the Domain Name. If the Customer fails to take action to renew the Domain Name before its expiration date, the Domain Name will first be deactivated and pursuant to the applicable Registry Policy, become available for registration by the public. In the event the Domain Name expires, and in as much as it is feasible, LETS BRAND will automatically redirects it to a dedicated Parking Page (as defined in article 1.7 hereof) displaying a message indicating that the Domain Name has expired and inviting the Customer to proceed to its renewal via our corporate website. If the Domain Name is deleted from the Registry database, LETS BRAND reserves the right to, either directly or on behalf of a third party, register the Domain Name neglected by the Customer. The Customer understands and agrees that by failing to take action prior to the expiration of the Domain Name; the Customer expressly waives all rights to challenge such registration by or via LETS BRAND.
  • DNS servers: When submitting an Order for a Domain Name, the Customer shall choose whether the Domain Name will be delegated to Classic DNS servers or to any other DNS servers. The Customer shall be entitled to modify the DNS servers to which the Domain Name is delegated to at any time (via their control panel, or if possible directly via Professional DNS services) Depending on the Extension under which the Domain Name is registered, this operation may incur a fee. The fees applicable to this operation are specified on LETS BRAND’s price list published on the our Site. Classic DNS servers are made available to the Customer free of charge with no express or implied warrantee as to their proper functioning. By using Classic DNS servers, the Customer commits to making a reasonable use of this service. In such a case where LETS BRAND will, at its sole and entire discretion, consider that the Customer’s use of Classic DNS servers is improper, such as but not limited to causing a flood of DNS queries, using the DNS servers as part of a Fast Flux attacks. LETS BRAND will be entitled to suspend the provision of this service and thus to deactivate the Customer’s Domain Name without prior notice. The Customer acknowledges that in such a case the Domain Name is transferred to another Registrar, the Customer will not be permitted to use Classic DNS servers again.
  • Domain Name Activation: Details accuracy, In the event the Customer elects to appoint the Domain Name details different to those associated with their Customer Account, LETS BRAND shall in accordance with article 4 of the General Terms and Conditions, proceed to the Validation of those details. The Customer acknowledges and accepts that in a case where the accuracy of the Customer Details associated to the Domain Name may not be verified, LETS BRAND will not activate the Domain Name regardless of its registration by the Registry. The Customer further acknowledges that the Validation will be operated on a yearly basis and that failure to pass it will result in the suspension of the Service for all domain names linked to the details that couldn’t be validated. Pursuant to article 6 of the General Terms, the Customer shall be solely responsible for the accuracy of and the update of the Customer Details. LETS BRAND cannot consequently be held liable for any suspension of service resulting from a failure to pass the Validation.
  • DNS Servers for domain registration: The Customer agrees that functional DNS servers properly set to allow the resolution of domain names are required for the registration of a Domain Name, and more generally, for the proper functioning of Internet. LETS BRAND shall preferentially use the DNS servers specified by the Customer in the Order for purposes of validating the Domain Name registration. However, if LETS BRAND ascertains that the DNS servers specified by the Customer are invalid, and (a) the applicable Registry allows a change of DNS servers delegation at no charge, LETS BRAND shall use Classic DNS servers in line of the DNS servers specified by the Customer or (b) the applicable Registry charges a fee for this operation, LETS BRAND shall attempt to contact the Customer on three (3) occasions within a period of five (5) Working Days using the Customer Details. After these five (5) days have lapsed, and in the absence of the Customer’s express consent within such period, the concerned Domain Name shall be deleted and automatically become available for registration by the public pursuant to the applicable Registry Policy.
  • Domain Name Transfer:  The transfer of the Domain Name to another Registrar shall be operated in accordance with the applicable Registry Policy as well as all other Policies applicable to the Extension or in the absence of such, in accordance with LETS BRAND’s own procedures. The Customer explicitly gives consent to LETS BRAND to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf. LETS BRAND shall accept any Domain Name transfer request insofar as such request is communicated to LETS BRAND via the Customer Account or official Order seven (7) Working Days, or more depending on the Registry Policy, prior to the Domain Name expiration date. If the transfer request is submitted after this period, the Customer shall extend the Domain Name registration period by at least the minimum term allowed by the Registry, prior to being entitled to submit a new transfer request for such Domain Name. The Customer acknowledges that depending on the Extension considered, the transfer of the Domain Name to another Registrar may be forbidden for a given period of time following the registration date of the Domain Name by the Registry. This period is of sixty (60) days for all Domain Names registered under a gTLD Extension and vary from one ccTLD Extension to another. It is the Customers sole responsibility to acquaint themselves with the Registry Policy and a more generally with all applicable Policies before placing their order.
  • Parking Page: If, upon registering the Domain Name, the Customer abstains from linking it to a specific page or Internet site, the Customer grants LETS BRAND the right to point the Domain Name to a web page specifically designed to avoid the display of a 404 error message to Internet users. Such a page may promote various services (such as a search engine and advertising, adsense offers) to the public. The Customer shall be entitled to deny such right of redirection of the Domain Name to LETS BRAND by sending a written request by mail to support@letsbrand.com.

2. Fees and extra:
On our website we have displayed the pricing for Domain Registration services, and also on our general price list survey. The prices are excl. VAT and additional fees can be charged if a local contact or validation needs to be executed for the registration of the domainname. If we need to support extra with assistance our hourly rate is 100 euro (excl. VAT).

3. Fees in case of accidental cancellation or non-payment
When domains are cancelled / or not paid (if not taken over by LETS BRAND) they go into a Quarantaine state. Per extension these costs are different, please see our price list, or contact our support for the exact and/ or current pricing is euro’s. Keep in mind that when cancelling your domain, and coming back on your decision we may charge you the out-of-quarantaine of reinstatement cost, which comes next to the yearly registration fee. Also we can charge an additional fee for the re-setup for the domain in our network (these are also stated in our price list survey).  Also keep in mind that extension have a period for quarantaine, in this period – we as registrar, can get the domain against additional costs out of quarantaine. However if this period has expired the domainname comes into general availability and can be registered by any private person or entity – in this case you are able to initiate domain mediation or domain retrieval services with LETS BRAND in order for us to retrieve your domain.

In case we take over your domain after cancellation or non-payment the domain can be taken over (if we are willing to) against a by LETS BRAND stated pricing.

If after the first period a renewal is on its way, than an invoice will be send 28 days prior of the expiration date. Only when the invoice is paid on time the services will be continued. LETS BRAND is not all responsible for any damages out-coming the non-renewal of Domain services if payment was not done on time.

In case of non-payment we also may charge legal based interest and administration costs. And in case we have to request legal assistance you hereby agree that all costs are for you, the Customer, and that for every by us activated case there is a minimum legal fee/ charge of 60 euro excl. VAT which comes on top of the extra interest and administration cost and all other costs created due to non-payment or late-payment.

4. Registries and other Policies
The Customer expressly acknowledge and accept that the Registry reserves the right to deny, cancel or transfer any Domain, or place any Domain (s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion to comply with specifications adopted by any industry group generally recognised as authoritative with respect to the Internet (e.g., RFCs), or to correct mistakes made by the Registry and/or any other contractually obligated vendors in connection with a domain name registration. By submitting an Order , the Customer expressly and fully agrees to the applicable Extension dispute resolution policy applicable to any dispute which may arise between the Domain Name holder and a third party.

5. Supporting documents

• The Customer undertakes to swiftly procure to LETS BRAND any documentation required for the validation and acceptation of their request by the Registry (the “Documents”).
• Within three (3) days following receipt of the payment for the Order , LETS BRAND shall, if required, attempt to contact the Customer using the Customer Details, to obtain the Documents (the “Reminder”).
• In the event the first Reminder is not acted upon, LETS BRAND shall attempt to contact the Customer using the Customer Details, at least two (2) more times. The second Reminder shall be sent within five (5) days following the first one and the third shall be sent within ten (10) days following the second.
• It is the Customer’s sole responsibility to contact LETS BRAND prior to the third Reminder, by using the details displayed on the our Site, including the email address support@letsbrand.com.
• The Customer acknowledges that any delay in the provision of the Documents will entail additional work for LETS BRAND which may potentially impair the operation of the applicable Registry and/or Provider. The Customer therefore agrees that the sending of a third Reminder may bear a charge amounting to a specific percentage of the applicable fee, and that such charge shall be automatically debited by LETS BRAND to the Customer.
• In the event LETS BRAND has not received the Documents within fourteen (14) days after the sending of the third Reminder, the Domain Name will be automatically deleted and the Customer will not be entitled to any refund.

6. Refund
The Customer understands and agrees that all fees applicable to the domain services are non-refundable.  The Customer further acknowledges that the early termination of the domain service does not entail the refunding of any monies paid to LETS BRAND nor does it release the Customer from their obligation to pay all fees applicable to the Service they have ordered. Notwithstanding the foregoing, the Customer having the legal status of consumer pursuant to the Dutch consumer code is entitled to benefit from the statutory fourteen (14) day period of withdrawal. This entitles only private customers, and not companies. The Customer further acknowledges that the transfer of the Domain Name registered with LETS BRAND to another Registrar does not entail the refunding of any monies paid to LETS BRAND for the realisation of past operations (registration, modification, administration, etc.) on the Domain Name. The Customer further expressly accepts that any transfer request will only be accepted after the payment of all unpaid invoices including all transfer fees which may apply. In case the Customer’s LETS BRAND Account / invoicing has a negative balance, LETS BRAND will be entitled to prevent any Domain Name transfer by applying all applicable technical measures, including but not limited to, the locking of the applicable Domain Name.

7. Modification
In accordance with article 7.2 of the General Terms and Conditions, LETS BRAND retains the right to discontinue or suspend the Domain Name Service for any of the Extensions. The Customer understands and accepts that LETS BRAND cannot be held liable for any consequences resulting from such modification, suspension or discontinuance of the Domain Name Service.

8. Our obligations
LETS BRAND commits to make its best efforts to communicate the Customer’s order for the Domain Name Service within a timely fashion to the applicable Provider and pursuant to the applicable Registry Policy. LETS BRAND hereby only commits to a best-efforts obligation.

9. Responsibility

• The Customer is solely responsible for the choice of the string of characters composing the Domain Name, its registration and its use. In view of the far-reaching scope of the Domain Name, it shall also fall to the Customer to take all necessary measures to protect the Domain Name and its use, particularly with regard to national and international trademark laws.
• The Customer commits not to use the Domain Name Service in any illicit fashion such as distributing malware, operating abusive botnets, phishing, or otherwise fraudulent or deceptive practices. In accordance with article 11 of the General Terms and Conditions, the Customer shall assume sole responsibility for all consequences of such improper activities over which LETS BRAND has neither technical nor legal control.
• The Customer further commits not to infringe upon any third party’s rights by the customisation and use of the Domain Name.

10. Guarantees:
By submitting an Order for the Domain Name Service, the Customer agrees to indemnify, defend and hold LETS BRAND and the Registry, their employees, directors, officers, representatives, agents and affiliates, harmless against any claim, suit, action, or other proceeding brought against LETS BRAND or the Registry, or any of their affiliates based on or arising from any claim or alleged claim relating to the use of the Domain Name Service by the Customer. This guarantee entails in particular that the Customer will assist in mounting the legal defence of LETS BRAND and the Registry, their employees, directors, officers, representatives, agents and affiliates, and will fully indemnify LETS BRAND and the Registry, their employees, directors, officers, representatives, agents and affiliates, of any damages they may suffer due to such claim.

11. Personal data protection
By submitting an Order for the Domain Name Service, the Customer expressly authorises LETS BRAND to disclose the following data to the Providers and to the public: the Domain Name registered by the Customer, the Customer name, address, phone number, email address, the dates of registration and expiration of the Domain Name and the DNS servers to which the Domain Name is delegated.

12. Disputes
In the event a dispute occurs between a third party and the Customer regarding the registration or use of the Domain Name by the Customer, LETS BRAND will be in no way whatsoever involved in such a dispute and the Customer will solely assume any consequences thereof. If a decision resulting from a dispute proceeding is reached and requires LETS BRAND’s intervention, LETS BRAND shall abide by such decision without being held liable by the Customer. By submitting an Order for the Domain Name Service, the Customer expressly agrees that:

• any dispute pertaining to the Domain Name the Customer is willing to register may be settled via the alternative dispute resolution system established by the Registry in charge of the applicable Extension, or by mediation and domain dispute services from LETS BRAND; and that
• both the courts of the Domain Name holder residence and LETS BRAND place of incorporation have jurisdiction over any dispute between the Customer and a third party related to the domain name registered under a gTLD or nTLD Extension.

13. Suspension
The Customer acknowledges that any suspension of the Domain Name Service pursuant to article 15 of the General Terms and Conditions which lasts more than the Domain Name registration term will entail the deletion of the Domain Name from both LETS BRAND and the registry databases. Upon deletion the Domain Name will become available for registration by the public pursuant to the applicable Registry Policy.

14. Termination

• The Customer may request the deletion of the Domain Name that they have registered via the Domain Name Service at any time. Such termination will be operated after a period of one (1) month following the receipt by LETS BRAND of a written request sent by registered mail to the address specified in article 1 of the General Terms and Conditions. In the event that the deletion of the Domain Name is not possible, LETS BRAND shall suspend the Domain Name for the period remaining until its expiration date.
• In the case of termination of the whole Agreement as pursuant to the terms of article 14 of the General Terms and Conditions, the Customer shall hold LETS BRAND harmless from any responsibility arising from any further intervention request on the Domain Name. Renewal of the registration of any Domain Name that expires following receipt of the termination notice shall be excluded.
• The Customer expressly agrees that no refund shall be granted in case of termination of the Domain Name Service and/or the whole Agreement.

15. Applicable law and jurisdiction
This Agreement is governed by Dutch law. This shall apply to both substantive and adjectival rules, at the exclusion of both Dutch conflict of law rules and statutory provisions contrary to the terms of the Agreement. Any dispute pertaining to the Contractual Terms, their interpretation or execution that may not be amicably settled shall be subject to the exclusive competence of Dutch court(s).

16. How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | SPECIFIC TERMS AND CONDITIONS LOCAL SERVICES

Lastly amended: March 1st 2017

These General Terms and Conditions, and where applicable Our Specific Terms and Conditions, Our Online Policies, Our General Terms and Extra Policy Terms, shall be interpreted and applied as a single instrument (the “Contractual Terms” or the “Agreement”). The Agreement between LETS BRAND and the Customer sets forth the legal rights and obligations governing LETS BRAND offerings, provisioning and delivery of the Services and the Customer’s receipt and use thereof. To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms Conditions.

1. Service
For selected Extensions and in accordance with the applicable Registry Policy, LETS BRAND may, at its sole discretion provide the Customer with a local address which shall allow the Customer to meet the Registry Domain Name registration requirements (the “Local Presence”).

2. Order start
An order is accepted and will be created after the customer accepts our digital contract, or agreement on the pricing either by paying the invoice or by acceptance via e-mail. (The online agreement can be signed online with acceptance agreement). In the acceptance agreement / contract, the description about the order will be placed (such as: pricing – monthly fee, durance of the contract, choice of contract form et. cetera). Cq. al the details that will lead to the execution of the contract according as bespoken.

3. Order process
After acceptance of the contract, we will initiate the services and will keep the customer up to date about the process.

4. Limitations
The Customer acknowledges that for some Local Presences it is free of charge, for other Local Presences a fee will be charged (as also stated in our Price survey). The Local Presence Service is provided without any guarantee expressed or implied. In particular, LETS BRAND shall not be held responsible or liable in the event the Service no longer complies with the requirements of the Registry Policy or is no longer available to the Customer. The Customer understands and accepts that the Local Presence may only be provided for domain names registered with LETS BRAND. The Customer consequently accepts that in order to be allowed to transfer a domain name using this Service to another Registrar, the Customer must appoint their own local presence beforehand. LETS BRAND retains the right to suspend temporarily or definitely the provision of the Local Presence Service at any time. It is the Customer’s sole responsibility to take any required measures to ensure that they comply, by their own means, with the Registry registration requirement. The Customer understands and agrees that any suspension of  the Local Presence Service will lead in the deletion of the Domain Name and that LETS BRAND cannot be held liable for such deletion.

5. Responsibility
The Customer commits not to use the Local Presence Service for any illicit or fraudulent purposes and more generally, in any way breach the principles set forth by article 10 of the General Terms and Conditions. The Customer understands that any improper use of the Local Presence Service will result in the immediate, and without prior notice, deletion of the Domain Name using this service as well as the complete suspension of the Customer Account if LETS BRAND deems it necessary. The Customer accepts that neither LETS BRAND nor the Provider whose services are used to provide the Local Presence Service can be held liable for the use of the Service made by the Customer.

4. Guarantee
The Customer commit to hold LETS BRAND and/or the Provider harmless against any claim and/or suit from any third party based on or arising from the Customer’s use of the Service. This guarantee includes among others that the Customer will fully indemnify LETS BRAND and/or the Provider for any direct or indirect damages such as but not limited to, all administrative, judiciary or extra judiciary costs incurred for LETS BRAND and/or the Provider by the Customer’s use of the Service. In the event the Local Presence Service relies on the services of a Provider, additional terms of use may apply. LETS BRAND shall publish the current version of this document or, failing that a hyperlink to the Provider website where the applicable terms of use are available.

5. Refund
The Customer understands and agrees that all fees applicable to the Local services are non-refundable.  The Customer further acknowledges that the early termination of the Local service does not entail the refunding of any monies paid to LETS BRAND nor does it release the Customer from their obligation to pay all fees applicable to the Service they have ordered. Notwithstanding the foregoing, the Customer having the legal status of consumer pursuant to the Dutch consumer code is entitled to benefit from the statutory fourteen (14) day period of withdrawal. This entitles only private customers, and not companies.

6. Fees and extra:
On our website we have displayed the pricing for (most) of the Local services, and also on our general price list survey. The prices are excl. VAT and additional fees can be charged if we need to assist. If we need to support extra with assistance our hourly rate is 100 euro (excl. VAT).

7. Fees in case of accidental cancellation or non-payment
When Local service is cancelled / or not paid we will de-activate the service. For re-activation of the Local service we charge a standaard re-activation fee of 25 euro one-time-fee. Please see our price list, or contact our support for the exact and/ or current pricing is euro’s. Keep in mind that when cancelling your Local service, and coming back on your decision we may charge you the reinstatement cost, which comes next to the yearly registration fee. Also we can charge an additional fee for the re-setup for the Local serve with the domain – as stated above (these are also stated in our price list survey).

In case of non-payment we also may charge legal based interest and administration costs. And in case we have to request legal assistance you hereby agree that all costs are for you, the Customer, and that for every by us activated case there is a minimum legal fee/ charge of 60 euro excl. VAT which comes on top of the extra interest and administration cost and all other costs created due to non-payment or late-payment.

If after the first period a renewal is on its way, than an invoice will be send 28 days prior of the expiration date. Only when the invoice is paid on time the services will be continued. LETS BRAND is not all responsible for any damages out-coming the non-renewal of Local service if payment was not done on time.

Also keep in mind that when de-activating the local presence, you take away the mandatory rights for the domain registration set-out by the registry thus this can lead automatically to deletion of your domain (for which are valid the Domain service (specific) terms and conditions).

8. Modification
In accordance with article 7.2 of the General Terms and Conditions, LETS BRAND retains the right to discontinue or suspend at any time, temporarily or permanently any part of the Local Service. In such a case LETS BRAND shall make its best efforts to inform the Customer of such modification or suspension of the Local DNS Service in a timely manner. The Customer understands and accepts that LETS BRAND cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the Local Service.

9. End of contract / Termination service
The Customer may request the termination of the Local Service at any time. Such termination will be operated after a period of one (1) month following the receipt by LETS BRAND of a written request sent by registered mail to support@letsbrand.com. The Customer accepts that in certain circumstances, LETS BRAND will be entitled to terminate their  subscription without prior notice, thus preventing the customer from accessing and/or using the Service. Circumstances where such termination may happen, without it being deemed a default of LETS BRAND towards its contractual or legal obligations, include but are not limited to:

• use of the Local Service by the Customer for illicit purposes;
• failure by the Customer to pay to LETS BRAND any fee due for the Local Service provision

• In case of termination of the whole Agreement as set forth by article 14 of the General Terms and Conditions, the Customer agrees that LETS BRAND will have no obligation to execute any further request regarding the Local Service.
• The Customer expressly agrees that no refund shall be granted in the case of termination of the Local Service and/or the whole Agreement.

10. Applicable law and jurisdiction
This Agreement is governed by Dutch law. This shall apply to both substantive and adjectival rules, at the exclusion of both Dutch conflict of law rules and statutory provisions contrary to the terms of the Agreement. Any dispute pertaining to the Contractual Terms, their interpretation or execution that may not be amicably settled shall be subject to the exclusive competence of Dutch court(s).

11. How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | SPECIFIC TERMS AND CONDITIONS DOMAIN LISTING

Lastly amended: March 1st 2017

These General Terms and Conditions, and where applicable Our Specific Terms and Conditions, Our Online Policies, Our General Terms and Extra Policy Terms, shall be interpreted and applied as a single instrument (the “Contractual Terms” or the “Agreement”). The Agreement between LETS BRAND and the Customer sets forth the legal rights and obligations governing LETS BRAND offerings, provisioning and delivery of the Services and the Customer’s receipt and use thereof. To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms Conditions.

1. Service
For domain holders who wish to have their domains listed on our website, social media, e-mail marketing and other specified mediums we have created the Domain Listing Service (the “DLS”).

2. Order start
An order is accepted and will be created after the customer accepts our digital contract, or agreement on the pricing either by paying the invoice or by acceptance via e-mail. (The online agreement can be signed online with acceptance agreement). In the acceptance agreement / contract, the description about the order will be placed (such as: pricing – monthly fee, durance of the contract, choice of contract form et. cetera). Cq. al the details that will lead to the execution of the contract according as bespoken.

3. Order process
After acceptance of the contract, we will initiate the services and will keep the customer up to date about the process.

4. Limitations
LETS BRAND shall not be held responsible or liable in the event the Service no longer complies with the requirements of our Policy or is no longer available to the Customer.

5. Responsibility
The Customer commits not to use the DLS for any illicit or fraudulent purposes and more generally, in any way breach the principles set forth by article 10 of the General Terms and Conditions. The Customer understands that any improper use of the DLS will result in the immediate, and without prior notice, deletion of the service as well as the complete suspension of the Customer Account if LETS BRAND deems it necessary. The Customer accepts that neither LETS BRAND nor the Provider whose services are used to provide the DLS can be held liable for the use of the Service made by the Customer.

6. Guarantee
The Customer commit to hold LETS BRAND and/or the Provider harmless against any claim and/or suit from any third party based on or arising from the Customer’s use of the Service. This guarantee includes among others that the Customer will fully indemnify LETS BRAND and/or the Provider for any direct or indirect damages such as but not limited to, all administrative, judiciary or extra judiciary costs incurred for LETS BRAND and/or the Provider by the Customer’s use of the Service.

7. Refund
The Customer understands and agrees that all fees applicable to the DLS are non-refundable.  The Customer further acknowledges that the early termination of the DLS does not entail the refunding of any monies paid to LETS BRAND nor does it release the Customer from their obligation to pay all fees applicable to the Service they have ordered. Notwithstanding the foregoing, the Customer having the legal status of consumer pursuant to the Dutch consumer code is entitled to benefit from the statutory fourteen (14) day period of withdrawal. This entitles only private customers, and not companies.

8. Domain Listing Services – How does it work?
When a domain listing is ordered the customer can choose from difference listing displays, as stated on our website. For the chose period, the domain will be listed and displayed on the selected area’s on our website(s), and or social media, mail marketing or other chosen options. Also we have a special featured listing page, that includes all the features listed domains to be reviewed.

Our Domain Listing Services are intended for the sole purpose of promoting a User’s Domain on the LETS BRAND website  (if chosen also social media and other media supported by LETS BRAND) but does not include promotion of the Domain on any Site besides the Site where the order was placed.

All Domains are subject to review and will be added within two (5) business days of placing your order. LETS BRAND maintains the right to refuse DLS orders for domains which violate LETS BRAND offensive domain policy or which have the potential to violate the rights of any third-party.

9. Fees and extra:
On our website we have displayed the pricing for (most) of the Domain Listing Services, and also on our general price list survey. The prices are excl. VAT and additional fees can be charged if we need to assist. If we need to support extra with assistance our hourly rate is 100 euro (excl. VAT).

10. Fees in case of accidental cancellation or non-payment
When DLS is cancelled / or not paid we will de-activate the service.

In case of non-payment we also may charge legal based interest and administration costs. And in case we have to request legal assistance you hereby agree that all costs are for you, the Customer, and that for every by us activated case there is a minimum legal fee/ charge of 60 euro excl. VAT which comes on top of the extra interest and administration cost and all other costs created due to non-payment or late-payment.

If after the first period a renewal is on its way, than an invoice will be send 28 days prior of the expiration date. Only when the invoice is paid on time the services will be continued. LETS BRAND is not all responsible for any damages out-coming the non-renewal of Local service if payment was not done on time.

11. Modification
In accordance with article 7.2 of the General Terms and Conditions, LETS BRAND retains the right to discontinue or suspend at any time, temporarily or permanently any part of the Local Service. In such a case LETS BRAND shall make its best efforts to inform the Customer of such modification or suspension of the Local DNS Service in a timely manner. The Customer understands and accepts that LETS BRAND cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the Local Service.

12. End of contract / Termination service
The Customer may request the termination of the DLS at any time. Such termination will be operated after a period of one (1) month following the receipt by LETS BRAND of a written request sent by registered mail to support@letsbrand.com. The Customer accepts that in certain circumstances, LETS BRAND will be entitled to terminate their  subscription without prior notice, thus preventing the customer from accessing and/or using the Service.

13. Applicable law and jurisdiction
This Agreement is governed by Dutch law. This shall apply to both substantive and adjectival rules, at the exclusion of both Dutch conflict of law rules and statutory provisions contrary to the terms of the Agreement. Any dispute pertaining to the Contractual Terms, their interpretation or execution that may not be amicably settled shall be subject to the exclusive competence of Dutch court(s).

14. How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | SPECIFIC TERMS AND CONDITIONS DOMAIN ESCROW

Lastly amended: March 1st 2017

These General Terms and Conditions, and where applicable Our Specific Terms and Conditions, Our Online Policies, Our General Terms and Extra Policy Terms, shall be interpreted and applied as a single instrument (the “Contractual Terms” or the “Agreement”). The Agreement between LETS BRAND and the Customer sets forth the legal rights and obligations governing LETS BRAND offerings, provisioning and delivery of the Services and the Customer’s receipt and use thereof. To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms Conditions.

1. Service
LETS BRAND has its own Escrow service to support our services, here as now called Escrow (the “Escrow”). Via our Escrow service buyers, sellers and other by us accepted parties can pay their invoice for whom we will hold the money aside untill the requested services are delivered and double checked by LETS BRAND.

2. Order start
An order is accepted and will be created after the customer accepts our digital contract, or agreement on the pricing either by paying the invoice or by acceptance via e-mail. (The online agreement can be signed online with acceptance agreement). In the acceptance agreement / contract, the description about the order will be placed (such as: pricing – monthly fee, durance of the contract, choice of contract form et. cetera). Cq. al the details that will lead to the execution of the contract according as bespoken.

3. Order process
After acceptance of the contract, we will initiate the services and will keep the customer up to date about the process.

4. Acceptation and information
Your acceptance of this Agreement indicates that you have read, understand and agree to the terms of this Agreement, along with our User Agreement, which is hereby incorporated by reference.  Any capitalized terms not defined within this Escrow agreement shall have the meaning as described in the our User Agreement.

LETS BRAND acts here neither as a Buyer or Seller, nor as the representative of a Buyer or a Seller, nor as a broker. Our Escrow acts as a secure intermediate and we will securely hold the purchase price for the Buyer while the Seller transfers ownership of the Domain to Buyer et v.v. Upon conclusion of the Domain transfer process, LETS BRAND will release Buyer’s funds and forward the purchase price to the Seller (and v.v.), less applicable our fees for brokerage as stated here.

Please note that the Escrow is limited to the Domain and purchase price. Content, data, programming or other elements of the website/project and/or any additional consideration included in a purchase and sale agreement are outside the scope of the Escrow and the transfer or payment for such shall be the sole responsibility of Buyer and Seller. Buyer and Seller agree that they are solely responsible for the transfer of any and all elements of a transaction outside the Domain and purchase price and that once the Domain Transfer Service is initiated, neither party will request cancellation due to a dispute over such. However additional cases can be requested via our special Domain Consultancy and Brokerage services, upon LETS BRAND helps out with the full scope of the take-over, however against our additional hourly fee of 100 euro excl. VAT.

5. Responsibility
The Customer commits not to use the Local Presence Service for any illicit or fraudulent purposes and more generally, in any way breach the principles set forth by article 10 of the General Terms and Conditions. The Customer understands that any improper use of the Local Presence Service will result in the immediate, and without prior notice, deletion of the Domain Name using this service as well as the complete suspension of the Customer Account if LETS BRAND deems it necessary. The Customer accepts that neither LETS BRAND nor the Provider whose services are used to provide the Local Presence Service can be held liable for the use of the Service made by the Customer.

6. Guarantee
The Customer commit to hold LETS BRAND and/or the Provider harmless against any claim and/or suit from any third party based on or arising from the Customer’s use of the Service. This guarantee includes among others that the Customer will fully indemnify LETS BRAND and/or the Provider for any direct or indirect damages such as but not limited to, all administrative, judiciary or extra judiciary costs incurred for LETS BRAND and/or the Provider by the Customer’s use of the Service.

7. Refund
The Customer understands and agrees that all fees applicable to the Escrow are non-refundable.  The Customer further acknowledges that the early termination of the Escrow does not entail the refunding of any monies paid to LETS BRAND nor does it release the Customer from their obligation to pay all fees applicable to the Service they have ordered. Notwithstanding the foregoing, the Customer having the legal status of consumer pursuant to the Dutch consumer code is entitled to benefit from the statutory fourteen (14) day period of withdrawal. This entitles only private customers, and not companies.

8. Fees and extra:
On our website we have displayed the pricing for the Escrow.The prices are excl. VAT and additional fees can be charged if we need to assist. If we need to support extra with assistance our hourly rate is 100 euro (excl. VAT).

When a Domain is transferred from the Seller to the Buyer, Buyer or Seller, based upon their respective registry and registrar providers, can incur further costs. The responsibilities for these payment obligations are defined by the relationship of the Buyer or Seller to the provider. This can include, but is not limited to, the responsibility of the Seller to pay for a registration renewal when the domain is set to expire within sixty (60) days from the date the purchase and sale agreement was reached. Seller or buyer can however register their domain with LETS BRAND, where we take responsibility for also the registration and yearly fee (this and other options can be agreed upon in the sale or purchase agreement).

In the case that one of the parties does not wants to use the LETS BRAND Escrow, in that case the extra costs of the other Escrow party shall be outside the scope of services and will lead to extra costs for the parties in the agreed upon agreement.

9. Transfer and process when choosing our Escrow

• When a purchase and sale agreement has been reached between the Buyer and the Seller during the course of one of our services, consultancy or brokerage we shall provide a standard online purchase and sale contract for Buyers and Sellers that is automatically tailored to the sale of the Domain. Depending upon the processing stage of the transaction, the other User’s respective data may be made anonymous until the transaction is complete. Should either party fail to meet to their obligations under the respective agreement, the identity of the breaching User shall be provided to the injured User upon request.
• After reaching agreement for the purchase and sale of a Domain, LETS BRAND shall contact the Buyer via email to request the transfer of the purchase price amount due to a bank account or creditcard payment (see our financial information), where it will be safeguarded on Buyer’s and Seller’s behalf until transfer of Domain registration has been completed. Upon said request by LETS BRAND, the Buyer is obligated to promptly remit payment of the amount owed according to our instructions.
• When the full amount has been received we shall the money on Buyer’s and Seller’s behalf, the process of transferring or assigning registration of the Domain from the Seller to the Buyer shall commence. LETS BRAND shall then instruct the Buyer and the Seller of the Domain as to the required steps and best practices involved in the technical domain name registration transfer process.  The Buyer and Seller are obligated to provide the required cooperation to each other and to LETS BRAND. In addition to being a material breach of this Agreement, failure to cooperate may be considered by the injured party as a material breach of the relevant purchase and sale agreement. In the event that LETS BRAND requests Buyer’s confirmation of control of the Domain and does not receive a response either confirming or denying their control of the Domain within ten (14) days, LETS BRAND shall be authorised to deem the transfer of registration to the Buyer complete and may release the purchase price to Seller.
• If during the transfer of a Domain the respective Buyer is not responding for a reasonable amount of time to instructions after remitting payment, the Buyer through their failure to respond, authorises LETS BRAND to effectuate a “fast” transfer (“FT”). In the case of a FT, LETS BRAND, at it’s sole discretion, conducts a domain “push,” and Buyer authorises LETS BRAND to create a domain registrar account on behalf of the Buyer at the Domain’s current registrar utilising the contact information that LETS BRAND knows from the Buyer/ Seller. Customers agrees to pay any fees incurred by LETS BRAND effectuating the “push” of the Domain from the Seller’s registrar account to the Buyer’s. Once the registrar account has been created, and the Domain has been securely pushed from Seller’s registrar account to the Buyer’s, LETS BRAND’s transfer agent will give the Buyer their respective registrar account information, including password and login details. Transfer of Domain ownership is transfer of control of the Domain, and once the Buyer has control over the purchased Domain, he/she cannot claim that LETS BRAND has not performed its duties under this User Agreement based solely on the fact that the Domain is not at the specific domain registrar of Buyer’s choice
• Upon successful transfer of the Domain to the Buyer, payment of the purchase price owed to the Seller shall be remitted in a timely manner. A successful transfer of ownership of the Domain has taken place when the Buyer has gained technical control of the Domain and is capable of updating the Domain’s WHOIS record. In the event that LETS BRAND assumes temporary control of the Domain on behalf of Buyer and Seller to effectuate the transfer, then a successful transfer shall be considered to have been made at that moment in which LETS BRAND obtains control of the Domain and the Seller has lost control of the Domain.
• If LETS BRAND assumes temporary control of the Domain, a Transfer Agent will instruct the Buyer to immediately take over technical control of the Domain. LETS BRAND shall not be held responsible for maintaining the Domain (but this is optional in case requested by customer). If a Buyer does not take over technical control of a Domain within sixty (60) days after LETS BRAND took over temporary control of the Domain, LETS BRAND will not extend the Domain registration period.  This may result in the lapse or expiration of the Domain. Buyer agrees to hold LETS BRAND harmless and will not be compensated for this loss.
• The purchase price for the Domain shall be the price in the currency as identified in the purchase and sale between the Buyer and Seller. The purchase price in the agreed-upon currency shall form the basis for formulating any fees owed LETS BRAND. The exchange rate used by LETS BRAND for this conversion shall be determined in accordance with the exchange rate of the European Central Bank which was valid at the point in time the Domain Transfer Service was initiated, rounded to five (5) places behind the decimal point.
• In the event that the transfer of Domain registration is ultimately unsuccessful for reasons unrelated to Buyer, the full payment of the Domain’s purchase price submitted to LETS BRAND shall be returned to the Buyer. There shall be considered to be no ultimate failure of the transfer, and therefore no return of the purchase price to Buyer, if the unsuccessful transfer of the Domain to the Buyer is solely due to the fact that the Buyer has not undertaken the further required cooperative actions required upon his/her part after the payment of the purchase price and any additional fees if relevant, than LETS BRAND will use its best efforts to effectuate the purchase and sale of a Domain. and if a purchase and sale agreement has been made between a Buyer and a Seller or unless the Buyer is claiming breach of contract or anticipatory breach of contract, LETS BRAND will continue to proceed with the domain transfer. If LETS BRAND has received payment of a Domain’s purchase price from the Buyer and has taken control of the Domain from the Seller, the Domain will be forwarded to the Buyer and the purchase price remitted to the Seller accordingly. At that point, the aggrieved party, either Buyer or Seller, may exercise their right to initiate a legal process or proceeding against the other party. Both Buyer and Seller agree that LETS BRAND is not responsible or liable in any way for a purchase and sale transaction ending in this manner, but we can do dispute and mediate via our Consultancy services in this matter against our normal hourly rate (as presented in our terms and conditions).
• If payments are going via LETS BRAND than both parties will receive at receipt of services, via f.e. invoices. As such we will always do a validation of our buyers and sellers upon we can f.e. state if an order can be proceeded without paying taxes et. cetera.
• In the event of documented fraud relating to a Buyer or Seller utilising the Escrow after transfer of the respective Domain has been completed, Seller agrees that, if LETS BRAND is able to reclaim the Domain on behalf of Seller, Seller is obligated to accept a return of the Domain and shall remit back to LETS BRAND the Domain’s purchase price. In the event that Seller does not cooperate with LETS BRAND instructions; LETS BRAND shall be authorised, at its sole discretion, to either hold the Domain on Seller’s behalf and deduct any portion of the purchase price Seller has not returned to LETS BRAND from any other amounts owed to Seller by LETS BRAND, or to resell the Domain to another Buyer to recoup LETS BRAND’s losses. Notwithstanding the foregoing, LETS BRAND reserves the right to recover from Buyer or Seller any and all damages resulting from breaches of this Escrow and contract agreement and/or the User Agreement.

10. Cancellation and penalties
LETS BRAND reserves the right to cancel the Escrow if one of the parties to the purchase and sale agreement fails to its obligation to cooperate in the transfer process after two (3) requests are made by LETS BRAND via the email addresses provided in Buyer’s and/or Seller’s agreement contract.

In the case of a Failed Transfer, Buyer and Seller agree that LETS BRAND reserves the right to collect any applicable fee it would otherwise be owed for a successfully completed sale from that party who has violated his/her obligation to cooperate in the completion of the transaction. Furthermore, any claims for damage compensation or contractual performance may be asserted by the non-breaching party against that party which violates his/her obligations under these terms or the terms of the applicable purchase and sale agreement. Where to buyer and seller agree that LETS BRAND shall not be held responsible for seeking law enforcement of any agreement or purchase.

12. Disputes
In the event that the purchase price to be paid by the Buyer has been transferred to the LETS BRAND and the Domain and/or website content has been transferred to the Buyer in whole or in part, neither party may seek cancellation of the Domain Transfer Service. In the event that the parties become involved in a dispute at any time during the Escrow, LETS BRAND may set a reasonable deadline for the parties to reach an agreement. In the event that said deadline passes without a resolution, LETS BRAND shall then be entitled to release the purchase price to the to the Seller and the Domain and/or website content to the Buyer in accordance with the purchase and sale agreement.

13. Fees in case of accidental cancellation or non-payment
In case of non-payment we also may charge legal based interest and administration costs. And in case we have to request legal assistance you hereby agree that all costs are for you, the Customer, and that for every by us activated case there is a minimum legal fee/ charge of 60 euro excl. VAT which comes on top of the extra interest and administration cost and all other costs created due to non-payment or late-payment.

14. Modification
In accordance with article 7.2 of the General Terms and Conditions, LETS BRAND retains the right to discontinue or suspend at any time, temporarily or permanently any part of the Local Service. In such a case LETS BRAND shall make its best efforts to inform the Customer of such modification or suspension of the Local DNS Service in a timely manner. The Customer understands and accepts that LETS BRAND cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the Local Service.

15. Applicable law and jurisdiction
This Agreement is governed by Dutch law. This shall apply to both substantive and adjectival rules, at the exclusion of both Dutch conflict of law rules and statutory provisions contrary to the terms of the Agreement. Any dispute pertaining to the Contractual Terms, their interpretation or execution that may not be amicably settled shall be subject to the exclusive competence of Dutch court(s). In addition to those disclaimers and limitations on warranties found in the our User Agreement, Buyer and Seller understand, acknowledge and agree that:

(i) LETS BRAND IS NOT THE SELLER, AND AS SUCH, MAINTAINS NO DUTY TO VERIFY THAT THE DOMAIN NAME AND/OR WEBSITE CONTENT BEING SOLD AND TRANSFERRED DO NOT VIOLATE THE PRIORITY RIGHTS OF ANY THIRD PARTIES AND THUS MAKES NO WARRANTIES AS TO THE EXISTENCE OF CONFLICTING PRIORITY RIGHTS OF ANY THIRD PARTIES;

(ii) THE BUYER AND SELLER AGREE THAT THE ESCROW DOES NOT INCLUDE AN EXAMINATION OR VERIFICATION OF THE EXISTENCE OF ANY CONFLICTING PRIORITY FIRM NAME, NAMING OR TRADEMARK RIGHTS, OR OTHER RIGHTS OF THIRD PARTIES; AND

(iii) FAILURE TO PERFORM IN ADVANCE AN EXAMINATION OF THE DOMAIN NAME AND/OR WEBSITE CONTENT FOR THE EXISTENCE OF CONFLICTING RIGHTS, INCLUDING, BUT NOT LIMITED TO, PRIORITY OWNERSHIP RIGHTS, TRADEMARK RIGHTS, AND/OR VIOLATION OF APPLICABLE LAW, IS THE SOLE RESPONSIBILITY OF THE BUYER AND SELLER.

16. How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | SPECIFIC TERMS AND CONDITIONS DOMAIN PARKING SERVICES

Lastly amended: March 1st 2017

These General Terms and Conditions, and where applicable Our Specific Terms and Conditions, Our Online Policies, Our General Terms and Extra Policy Terms, shall be interpreted and applied as a single instrument (the “Contractual Terms” or the “Agreement”). The Agreement between LETS BRAND and the Customer sets forth the legal rights and obligations governing LETS BRAND offerings, provisioning and delivery of the Services and the Customer’s receipt and use thereof. To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms Conditions. IF YOU (“YOU” OR “USER”) DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SITE OR SERVICES. This Agreement is effective upon the earlier of: (i) your first use of the Service for any reason; (ii) the Effective Date noted on the posted version of the Agreement. LETS BRAND may elect to discontinue offering the Service, or any portion thereof, at any time for any reason, with or without advance notice.

1. Service
We shall provide the Customer with Domain Parking services (the “DPS”) as defined hereafter as the Customer has submitted an Order pursuant to the General Terms and Conditions. Domain Parking is an optional service for Users to “park” their undeveloped domain names in order to generate revenue and increase the chance of a sale. To use Domain Parking, the User must forward his/her Domain to a DNS set of IP-address(es) specified by LETS BRAND and enter the Domain in our parking control panel, or LETS BRAND does the set-up in our DNS, or set-up in the webhosting panel. As the registered owner of the Domain(s), the User is solely responsible for any content directly or indirectly displayed by directing the domain to LETS BRAND’s services.

2. Order start
An order is accepted and will be created after the customer accepts our digital contract, or agreement (on the pricing either by paying the invoice) or by acceptance via e-mail. (The online agreement can be signed online with acceptance agreement). In the acceptance agreement / contract, the description about the order will be placed (such as: pricing – monthly fee, durance of the contract, choice of contract form et. cetera). Cq. al the details that will lead to the execution of the contract according as bespoken. For Domain Parking, at current, we do not charge any fee (and for the current Domain Parking Policy please read this carefully).

3. Order process
After acceptance of the contract/ agreement/ order, we will initiate with the DPS – as chosen the options requested and for which already have been outlined (either yeah or neah with pricing for example when consultancy services are added to the order). Extra costs are never part of the contact, and are merely a proposed calculation of what can lead extra in case of these services upon the customer has a fair view of what the customer can expect in the continuation of the process. Users are also responsible for all fees related to their registration and use of the Domain.

4. Options
On our website different DPS products are to be chosen from. Pricing depends on the chosen package / option, as will be executed if chosen and paid with the options valid for the chosen package or DPS.

5. Payment and fees
Payment can be done online, as stated in the confirmation e-mail when requested an order via the terms as stated in our Financial Information. And the fees will be displayed on our Price List survey, and of course on the DPS specific pages. Our hourly rate for our services are 100 euro (excl. VAT) and administration cost. If services are executed by third parties, this will communicated fairly and thus it can happen that a different hourly rate can be charged.

6. Renewals
All DPS are continued un-till the customer states otherwise, or when wether a domain will be discontinued from our services.

7. User Obligations
Users who utilize the DPS are obligated and solely responsible for verifying that their use of the DPS with his/her Domain(s) does not and will not violate the rights of any third parties, including, but not limited to, trademark rights, naming rights, and rights protected by unfair competition laws. In addition, should User receive notice from a third party regarding their use of LETS BRAND’s Domain Parking Service, the User is obligated to immediately cease their use of the Domain Parking Service for the respective Domain and contact LETS BRAND and provide any relevant information related to such notice.

USER HEREBY INDEMNIFIES LETS BRAND IN FULL SCOPE FROM ANY AND ALL POSSIBLE CLAIMS AGAINST LETS BRAND IN RELATION TO USER’S VIOLATION OF THESE OBLIGATIONS.

8. Notice of Potential Violation of Third Party Rights
In the event that LETS BRAND has been notified by a third party that a User’s use of the Domain Parking Service may infringe the rights of a third party, LETS BRAND reserves the right to immediately suspend the Domain Parking service without prior notice and to prohibit the User from using the affected domain(s) with the Domain Parking Service.

9. Advertising Keywords
Users who use the Domain Parking Service must select an advertising keyword for each of his/her parked Domains that is related to the subject matter of the Domain and which controls which advertisements appear for the respective Domain. All keyword selections must comply with Keyword Selection Policy, which is hereby incorporated by reference and subject to revision from time to time. User agrees not to select advertising keywords likely to cause the display of content infringing the rights of any third party. LETS BRAND reserves the right to disable advertising keywords at any time, without notice, and at its sole discretion to ensure non-infringement of any third-party right, or violation with our Domain Offensive Policy.

10. Generation of Click Balance and Payment
If a mode of domain traffic monetization, for example like an advertising banner, advertising link, or redirect to an advertiser website, has been activated in compliance with the Policy for Domain Parkers by an internet user on the webpage of User’s Domain(s) that he/she has listed with the LETS BRAND’s Domain Parking Service (“Monetization Event”), then a click balance shall be credited to the User’s account in an amount and at a time determined at LETS BRAND’s sole discretion (“Click Balance”). Please keep in mind that: DOMAINS THAT ARE NOT ADDED TO A LETS BRAND NETWORK ACCOUNT DO NOT ACCUMULATE A CLICK BALANCE.

The total Click Balance generated shall be paid out to the User, so long as there are no indications of “fake” or manipulated traffic, as defined below, or active legal disputes in relation to User’s use of the Domain Parking Services, at an interval and in the manner as described in the Rules for Domain Parkers. If a Click Balance is not redeemed by the User within twelve (6) months after being generated, then the Click Balance shall expire and is no longer credited to the User Account. In accordance with the Rules for Domain Parkers, LETS BRAND reserves the right to reject payment requests to unconfirmed payment accounts (such as for example PayPal). In addition, LETS BRAND reserves the right to demand verification of User identity before releasing Click Balance payments to said User. User Click Balances resulting from use of the Domain Parking Service are subject to revision for reasons including, but not limited to, accounting corrections from LETS BRAND’s advertising providers or revisions to rates per click. LETS BRAND will only pay Click Balances that correlate to the actual share of revenue that we actually receive from our advertising provider. In the event that LETS BRAND discovers a mistake in a month’s Click Balance already paid to User, the User agrees to cooperate with LETS BRAND to correct the accounting discrepancies, including returning any unearned Click Balance mistakenly paid, so long as LETS BRAND attempts to contact the User within 30 days of discovering the mistake.

PLEASE BE ADVISED THAT STATISTICS DISPLAYED IN YOUR ACCOUNT, OUR NETWORK OR MARKETPLACE OR OTHERWISE COMMUNICATED TO YOU BY LETS BRAND ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT REFLECT REAL TIME ACCURATE ACCOUNTINGS OF DOMAIN STATISTICS OR CLICK BALANCE.

11. Suspicion of “Fake Traffic” and Consequences
“Fake” or otherwise manipulated traffic is hereby defined as statistically measured visits to a Domain causing the Monetization Event associated with said Domain, which have been produced by anyone other than a living individual with good-faith intent to inquire about the subject matter being displayed on said Domain. Upon reasonable suspicion that a User’s Click Balance is the result of Fake Traffic, LETS BRAND reserves the right, without prior notice and at LETS BRAND’s sole discretion, to delete any or all of the accumulated Click Balance for a User Account, to deny any or all of the User’s Domain(s) from utilizing the Domain Parking Service, and/or suspend or delete the User’s account. Nothing herein shall prevent LETS BRAND from pursuing any claim of damages against the User in relation to their violation as also specified in our terms, conditions and policies.

12. Intellectual Property
LETS BRAND and its advertising providers maintain all right, title and interest, including without limitation all intellectual property rights relating to the Domain Parking Service. Any rights not expressly granted herein are reserved. User shall not, and shall not allow any third party to: (a) modify, adapt, translate, prepare derivative works from, decompile (except to the extent allowed by law), reverse engineer, disassemble, or otherwise attempt to derive source code from the Domain Parking Service, the advertising links, or any other technology or documentation obtained from the Domain Parking Service; (b) crawl, index or in any non-transitory manner store or cache information obtained from the Domain Parking Service; or (c) engage in any action or practice that reflects poorly on LETS BRAND or its advertising partner. Users should be aware that LETS BRAND is not the editor of the parking pages it provides to its users. However, LETS BRAND maintains all associated intellectual property rights, including, but not limited to, copyright rights in the design elements in such pages as they are published. And the user hereby indemnifies LETS BRAND in full scope from any and all possible claims against LETS BRAND in relation to user’s violation of these obligations.

13. Our obligations
LETS BRAND disclaims however all responsibility and liability for the DPS. Also we have the right to let certain parts of our services to be executed by by LETS BRAND chosen executive partners and third parties. LETS BRAND does not guarantee the success of the search for the domain monetization model associated with the advertising keyword specified by the User or by LETS BRAND. Furthermore, LETS BRAND does not guarantee specific click rates or click prices which User hereby recognise fluctuate dependent upon market forces.

LETS BRAND IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS) THROUGH THE DOMAIN PARKING SERVICE. USER IS SOLELY RESPONSIBLE FOR THE CONTENT DISPLAYED ON USER’S DOMAINS. LETS BRAND AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. DOMAIN PARKING STATISTICS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. SEDO MAKES NO GUARANTEE AS TO THE ACCURACY OF ANY STATISTICAL INFORMATION PROVIDED.

14. Modification
In accordance with article 7.2 of the General Terms and Conditions, LETS BRAND retains the right to discontinue or suspend at any time, temporarily or permanently any part of the DPS. In such a case LETS BRAND shall make its best efforts to inform the Customer of such modification or suspension of the DPS in a timely  manner. The Customer understands and accepts that LETS BRAND cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the DPS.

15. Termination regulation
The Customer accepts that in certain circumstances, LETS BRAND will be entitled to terminate their DPS without prior notice. In case of termination of the whole Agreement as set forth by article 14 of the General Terms and Conditions, the Customer shall hold LETS BRAND harmless from any responsibility arising from any further intervention request on the DPS. The Customer expressly agrees that no refund shall be granted in the case of termination of the DPS and/or the whole Agreement.

16. Applicable law and jurisdiction
This Agreement is governed by Dutch law. This shall apply to both substantive and adjectival rules, at the exclusion of both Dutch conflict of law rules and statutory provisions contrary to the terms of the Agreement. Any dispute pertaining to the Contractual Terms, their interpretation or execution that may not be amicably settled shall be subject to the exclusive competence of Dutch court(s). At all times your use of the Service must be in compliance with this Agreement and the Acceptable Use Policies posted on the our website under Policies, which are hereby incorporated by reference. If you violate the Acceptable Use terms described herein, LETS BRAND may, in its sole discretion, with or without notice, terminate your access to the Service.
As a condition of your use of the Service, you warrant to LETS BRAND that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.

17. How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | SPECIFIC TERMS AND CONDITIONS DOMAIN BROKERAGE

Lastly amended: March 1st 2017

These General Terms and Conditions, and where applicable Our Specific Terms and Conditions, Our Online Policies, Our General Terms and Extra Policy Terms, shall be interpreted and applied as a single instrument (the “Contractual Terms” or the “Agreement”). The Agreement between LETS BRAND and the Customer sets forth the legal rights and obligations governing LETS BRAND offerings, provisioning and delivery of the Services and the Customer’s receipt and use thereof. To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms Conditions.

1. Service
For the sole purpose of purchase, sale, rent-to-own, lease, rent-out and other deviated services coming from Domainname(s) and the consultancy, we can provider the Customer with Domain Brokerage, here as now stated with Domain Brokerage (as “DBS”). Users who choose to order our Domain Brokerage work exclusively with LETS BRAND in an attempt to purchase, rent-out, sell or otherwise transfer rights and obligations of domainnames of their choice, whether listed at LETS BRAND or not, or consultant them with any sort of Domain related issues when taking over, discussing, leading to brokerage for domains. The complete Domain Brokerage Terms and Conditions define the terms of use for the Domain Brokerage Service and are hereby incorporated by reference. Advance notice is not required for any prospectively-effective change in the domain brokerage services offered or fees charged therefore. Please refer to our current Price List for further details.

2. Order start
An order is accepted and will be created after the customer accepts our digital contract, or agreement on the pricing either by paying the invoice or by acceptance via e-mail. (The online agreement can be signed online with acceptance agreement). In the acceptance agreement / contract, the description about the order will be placed (such as: pricing – monthly fee, durance of the contract, choice of contract form et. cetera). Cq. al the details that will lead to the execution of the contract according as bespoken.

3. Order process
After acceptance of the contract, we will initiate the services and will keep the customer up to date about the process.

4. Guarantee
The Customer commit to hold LETS BRAND and/or the Provider harmless against any claim and/or suit from any third party based on or arising from the Customer’s use of the Service. This guarantee includes among others that the Customer will fully indemnify LETS BRAND and/or the Provider for any direct or indirect damages such as but not limited to, all administrative, judiciary or extra judiciary costs incurred for LETS BRAND and/or the Provider by the Customer’s use of the Service.

5. Extensive elaboration of services – for Buyers (this also apply to Brokerage for Domain Leasing)
Our DBS is available to both buyers, sellers of domainnames or those having domain assets.

If you would like to purchase a domain name which has previously been registered by another person or entity, you may apply to our Exclusive Brokerage Service for buyers. If accepted, we will work on your behalf to negotiate the purchase and sale of the domain name you indicate during the application process. Via a separate Brokerage contract we will set-out exactly the services requested and also the total costs.

Part of the contract is validation of the Customer and you must provide the requested information, including but not limited to: the domain name(s) that you want the broker to pursue for acquisition; the maximum budget to be expended to acquire the selected domain name (excluding respective fees listed on our Price List); your intended use of the domain; whether you are a first-time brokerage customer; whether you have owned the specified domain(s) at any time in the past; and whether you have been granted related trademarks by state or federal agencies. You must also indicate whether or not you have tried to negotiate or otherwise communicate with the current or previous owner(s) of the domain in the past and whether you have attempted to negotiate directly with the current owner.  If this has previously occurred, you must disclose to LETS BRAND the date of last contact, original asking price, amount of last highest offer made as well as any other pertinent information related to prior direct negotiations. You will also indicate the method of payment you wish to use to pay the non-refundable retainer fee.  This fee will only be charged of your contract should be accepted by LETS BRAND.

Once you have signed the contract, an assessment of your order will be generated automatically. LETS BRAND will send you an accepted or declined notification email within two (5) business days of the date of order to the email address registered.  Your credit card will not be charged until the application has been accepted, nor will any invoice be send.

You understand and acknowledge that some contract may be declined due to a low probability of a successful purchase and sale negotiation despite the best efforts of the domain broker.  You will not be charged for any declined requests for the Service.

Upon the successful application to the DBS, you will be assigned your domain broker(s). Your domain broker will then seek to establish contact with you through the contact information you have provided and shall explain the domain brokerage process and a schedule for providing updates on the course of negotiation.

In the event your assigned domain broker is successful in establishing the foundation for a purchase and sale transaction in accordance with the agreed upon budget, we will send you a separate contract for the exclusive purchase of the domain. Should the current owner of the domain name insist upon purchase and sale terms that deviate from our contracts you agree that any necessary legal support and/or legal representation (including associated costs) for the reviewing or drafting of such changes shall be your sole responsibility and acknowledge that legal services are not included in the DBS’s.

Should the current owner insist of not using our Escrow services, than these fees will be applied to the invoice of the buyer (as hereby stated the buyer first of all will be contacted for agreement).

PLEASE NOTE THAT ORDERING OUR BROKERAGE SERVICE, DOES NOT MEAN THAT YOU ARE BUYING THE DOMAIN DIRECTLY FROM LETS BRAND – AS WE ARE MERE THE DOMAIN BROKER IN THIS MATTER.

By ordering our Brokerage Service, you consent to LETS BRAND to negotiate on your behalf in an attempt to acquire the requested domain from the current owner. Users of the Buyer’s Brokerage Service agree that LETS BRAND, through its Brokerage Service does not in any way provide any form of warranty and/or guarantee the availability of the domain, the willingness of the owner to sell, or any other guarantee with regards to the purchase of the domain name.  Upon successful negotiation for the purchase of the domain, you agree that the payment and transfer process shall be conducted through LETS BRAND transfer and escrow service and agree to pay the fees associated with this service.

Expiration of the Buyer Brokerage Service (and any associated agency relationship) may occur under a variety of circumstances which may include, but are not limited to, domain availability, ability to contact domain owner, and the timely and consistent communication between you and your domain broker.  If you rescind the maximum investment amount stated during the Brokerage Service application process or otherwise fail to respond to LETS BRAND’s attempts to contact you within ten (15) business days, or the issuance of three periodic reminder e-mails, whichever occurs first, the existing brokerage order will expire and will not be reactivated absent a new application to the Brokerage Service which can lead to new (one-time) fee’s.

6. Extensive elaboration of services – for Sellers
If you would like to sell your domain, you may request LETS BRAND as you exclusive Domain Broker. LETS BRAND will domain broker actively market and seek out interested third party buyers to effectuate the sale of the User’s domain property. In order for this, we shall come in to arrangements concerning the conditions:

• Domain must be parked with LETS BRAND for at least 6 months,
• Domain must be under exclusive brokerage with LETS BRAND for which we are signing an exclusive contract,
• If necessary you must agree into a Domain Validation rapport (and pay the fee concerning this service), in order for us to state if the Brokerage will be successful.
• The domain holder must agree to submit any and all previous correspondence, proposals, and/or agreements to LETS BRAND for informational purposes and marketing efforts.

Via a separate Brokerage contract we will set-out exactly the services requested and also the total costs. After signing the agreement online we shall review your request and will state within five (5) business days if we will start with your brokerage request. If accepted LETS BRAND will assist you in your efforts to sell the domainname as stated in your request. As part of the agreement you state a minimum price for sale (so called reserve price) upon LETS BRAND can find potential buyers to acquire the domain by them , we shall execute a holder verification, how long the Seller has owned the domain name, desired sales price(s) (i.e. excluding the LETS BRAND fees), number of and prices for previous offers received, history of past use and if possible other data mits available.

In your request is being accepted than we will start, after invoicing and set-up and checks of the conditions for brokerage, with our Domain Brokerage services. During the agreement term, we will act on your behalf to attempt finding a new owner for your domain(s).

If it is determined that your request has not been accepted, you will be notified via email that your request has been declined.  Domains will be rejected when market analysis suggests that our exclusive service would not be suited for this particular domain or that the Seller does not compel to the minimum requirements as set above.

By ordering our Brokerage Service, you agree to enable LETS BRAND exclusively represent you as the current domain owner to facilitate the sale of a domain name(s). From the effective date noted on the seller’s brokerage agreement throughout the remainder of the Agreement Term, you acknowledge that you may not list the domain name(s) at issue for sale with any other listing services, marketplace, or any other sale channels.  You are further aware that selling the specified domain name(s) outside of LETS BRAND during the term of the Exclusive Brokerage Agreement is strictly prohibited, and may result in legal action taken by LETS BRAND in order to recoup lost commission or other damages. Users of the Brokerage Service agree that LETS BRAND, through the Service does not, in any way, provide any form of warranty and/or guarantee the sale of the domain, the willingness of prospective buyers, or any other guarantee with regards to the sale of the domain name(s).

In the event your assigned domain broker is successful in establishing the foundation for a sale and vending transaction in accordance with the agreed upon reserve price, we will send you a separate contract for the exclusive sale of the domain with a full survey of costs and fees. We will also will take care of the Escrow server (which will run via LETS BRAND) upon after all checks both parties can be invoiced or payed-out, and after validation the domain can be transferred towards the new holder.

Should the current owner insist of not using our Escrow services, than these fees will be applied to the invoice of the buyer (as hereby stated the buyer first of all will be contacted for agreement).

7. Extensive elaboration of services – general
Our Domain Brokerage service are available for all who wish to sell, rent-out, lease, buy or rent-to-own a domainname. When in these Terms and Conditions the related services are not set-out exactly than keep in mind that our basic hourly rate shall be charged of 100 euro (excl. vat) p/hour when entering a domain brokerage service.

You also agree that LETS BRAND, as your agent, has the express authority to act on your behalf to create a legal relationship (i.e. purchase and/or sale of the requested domain) with a third party buyer and/or seller.  LETS BRAND will exercise the utmost good faith to you, whether a Buyer or Seller, regardless of whether a purchase and/or sale results from the brokerage relationship between you and LETS BRAND. You understand and agree that once engaged in LETS BRAND’s Brokerage Service, whether for buyer or seller, you are giving LETS BRAND the authority to negotiate, actively market, survey your best interests, budget, time line for acquisition, obtaining or selling the user’s domain for the fairest market value, and otherwise using its best efforts as a broker to effectuate the negotiation, purchase and/or sale of a domain property.  Notwithstanding, it is your responsibility to clearly outline your expectations with regards to the purchase and/or sale of the requested domain name.

8. Refund
The Customer understands and agrees that all fees applicable to the Domain Brokerage are non-refundable.  The Customer further acknowledges that the early termination does not entail the refunding of any monies paid to LETS BRAND nor does it release the Customer from their obligation to pay all fees applicable to the Service they have ordered. Notwithstanding the foregoing, the Customer having the legal status of consumer pursuant to the Dutch consumer code is entitled to benefit from the statutory fourteen (14) day period of withdrawal. This entitles only private customers, and not companies.

9. Fees and extra:
On our website we have displayed the pricing, and also on our general price list survey. The prices are excl. VAT and additional fees can be charged if we need to assist. If we need to support extra with assistance our hourly rate is 100 euro (excl. VAT). The specific associated fees for both buyers and sellers is subject to change without notice. If LETS BRAND is ultimately unsuccessful in negotiating the purchase, consultancy or sale of your domain name, you will pay no fees beyond the initial charge for the Domain Brokerage service. Any retainer fees that may apply are NON-REFUNDABLE regardless of the outcome.

For every Domain Brokerage Service, per domain, a start-up fee of 100 euro excl. vat will be charged, as being non-refundable. If the DBS concerns multiple domains or portfolio, than a custom made amount shall be proposed to the Customer.

10. Fees in case of accidental cancellation or non-payment
When the service is cancelled / or not paid we will de-activate the service.

In case of non-payment we also may charge legal based interest and administration costs. And in case we have to request legal assistance you hereby agree that all costs are for you, the Customer, and that for every by us activated case there is a minimum legal fee/ charge of 60 euro excl. VAT which comes on top of the extra interest and administration cost and all other costs created due to non-payment or late-payment.

If after the first period a renewal is on its way, than an invoice will be send 28 days prior of the expiration date. Only when the invoice is paid on time the services will be continued. LETS BRAND is not all responsible for any damages out-coming the non-renewal of DBS if payment was not done on time.

11. Modification and Confidentiality
In accordance with article 7.2 of the General Terms and Conditions, LETS BRAND retains the right to discontinue or suspend at any time, temporarily or permanently any part of the DBS. In such a case LETS BRAND shall make its best efforts to inform the Customer of such modification or suspension of the DBS in a timely manner. The Customer understands and accepts that LETS BRAND cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the DBS.

Our clients remain always anonymous throughout the process of negotiation unless we are otherwise instructed. LETS BRAND records and publishes the sale price and domain name(s) only, which you can also request not to be published against an extra fee as displayed on our price list survey (when one of the parties block the price to be published than both parties shall pay an additional fee). LETS BRAND does not release your personal information to public record.

12. End of contract / Termination service
The Customer may request the termination of DBS at any time. Such termination will be operated after a period of one (1) month following the receipt by LETS BRAND of a written request sent by registered mail to support@letsbrand.com, and if still a existing contract exist than this shall need to be run to the end date of that contract. The Customer accepts that in certain circumstances, LETS BRAND will be entitled to terminate their  subscription without prior notice, thus preventing the customer from accessing and/or using the Service.

13. Applicable law and jurisdiction
This Agreement is governed by Dutch law. This shall apply to both substantive and adjectival rules, at the exclusion of both Dutch conflict of law rules and statutory provisions contrary to the terms of the Agreement. Any dispute pertaining to the Contractual Terms, their interpretation or execution that may not be amicably settled shall be subject to the exclusive competence of Dutch court(s).

14. How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | SPECIFIC GENERAL TERMS AND CONDITIONS FOR SSL SERVICES

Lastly amended: March 1st 2017

These General Terms and Conditions, and where applicable Our Specific Terms and Conditions, Our Online Policies, Our General Terms and Extra Policy Terms, shall be interpreted and applied as a single instrument (the “Contractual Terms” or the “Agreement”). The Agreement between LETS BRAND and the Customer sets forth the legal rights and obligations governing LETS BRAND offerings, provisioning and delivery of the Services and the Customer’s receipt and use thereof. To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms Conditions.

1. Service
We shall provide the Customer with SSL services (the “SSL, SSL-service, SSL-services or SSL Service(s)”) as defined hereafter as the Customer has submitted an Order pursuant to the General Terms and Conditions.

2. Order process
An order is accepted and will be created after the customer accepts our digital contract, or agreement on the pricing either by paying the invoice or by acceptance via e-mail. (The online agreement can be signed online with acceptance agreement). In the acceptance agreement / contract, the description about the order will be placed (such as: pricing – monthly fee, durance of the contract, choice of contract form et. cetera). Cq. al the details that will lead to the execution of the contract according as bespoken.

3. Order process
After acceptance of the contract, we will initiate with the SSL.

4. Options
On our website different SSL’s are to be chosen from. Pricing depends on the chosen package / option, as will be executed if chosen and paid with the options valid for the chosen SSL.

4.2. Validation: Issuance of the Certificate will be subject to a mandatory validation procedure. The applicable procedure, contingent upon the type of Certificate selected by the Customer shall be detailed on the LETS BRAND Site. The Client shall be solely responsible for abiding by the applicable procedure in order to obtain the Certificate from the Authority.

4.3. Certificate renewal:

• Automated renewal: In order to avoid an unwanted expiration of the Certificate, LETS BRAND enables the Customer to activate an automated renewal option, this is standard for all companies. For private customers they will receive an invoice where at first they can protest against, if no renewal is wanted, if so the certificate will not be renewed – If payment will be done, the certificate will do will be renewed of course. In case of auto-renewal and payment on time set by a company and/or private customer, we will attempt to renew the Certificate prior to its expiration date and for the term selected by the Customer.
• Manual renewal: LETS BRAND will notify the Customer several times of the expiration and applicable methods to renew the Certificate, by sending the Customer emails to the address registered as part of the Customer Details. LETS BRAND cannot be held liable if the Customer fails to take the necessary action to renew the Certificate or in the case of the Customer Details being inaccurate or obsolete and, more generally, in case of the Customer failing to receive the expiration notice. The Customer remains solely responsible for the renewal of the Certificate. If the Customer fails to take action to renew the Certificate before its expiration date, the Certificate will become obsolete pursuant to the Authority terms of service.

5. Use of service
In order to redeem the SSL Voucher and obtain the Certificate the Customer must agree to the terms and conditions applicable to the services provided by the Authority;  The Customer expressly understands and accepts that LETS BRAND has no control whatsoever over the services provided by the Authority nor the terms and conditions applicable to such services.

6. Limitations

• General: LETS BRAND makes no warranty of any kind, expressed or implied, as to the SSL Certificate Service’s salability or fit for a particular purpose. Any warranty given by the Authority falls under the sole responsibility of the latter. LETS BRAND only can advice in best practice if this requested on forehand.
• Resale forbidden:  The Customer is expressly informed that the resale of SSL Vouchers is strictly forbidden. Any breach of this prohibition will automatically lead to the immediate cancellation without any refund of all applicable Certificates.
• Promotions: As part of the Domain Name Service, LETS BRAND may at its sole discretion elect to offer a Certificate to the Customer for each domain name they register with LETS BRAND. The Customer understands and accepts that the free Certificate offered by LETS BRAND may on only be redeemed for domain names registered with LETS BRAND. Thus, the Customer accepts that any registrar transfer of a Domain Name benefitting from this special offer will automatically trigger the revocation of the applicable Certificate. The Customer understands and accepts that LETS BRAND makes no warranty as to the duration of this special offer.

7. Our obligations
In providing the SSL Certificates Service, LETS BRAND’s role is strictly limited to this of a mere intermediary with the Authority. As such LETS BRAND makes no warranty other than the fact that it will transmit the Customer order to the Authority. Upon receipt of full payment for the Certificate, LETS BRAND will email the Customer with information so it will allow them to initiate the issuance procedure of the Certificate the Customer has ordered.

8. Responsibility
The Customer commits not to use the SSL Certificates Service for any illicit or fraudulent purposes and more generally, in any way breach the principles set forth by article 10 of the General Terms and Conditions. The Customer understands that any improper use of the SSL Certificates Service may result in the immediate, and without prior notice, suspension of the Certificate by LETS BRAND and/or the Authority, as well as the complete suspension of the Customer Account if LETS BRAND deems it necessary. The Customer accepts that neither LETS BRAND nor the Authority can be held liable for the use of the Service made by the Customer.

9. Guarantee
The Customer commits to hold harmless LETS BRAND and the Authority against any claim and/or suit from any third party based on or arising from the Customer’s use of the Service. This guarantee includes among others that the Customer will fully indemnify LETS BRAND and/or the Authority for any direct or indirect damages such as but not limited to, all administrative, judiciary or extra judiciary costs incurred for LETS BRAND and/or the Provider by the Customer’s use of the Service.

10. Support
LETS BRAND’s support for the SSL Certificates Service will be exclusively limited to the basic setup of the Certificate. The validation procedure and more generally, technical support for the Certificate will be provided directly by the Authority.

11. Refund
The Customer understands and agrees that all fees applicable to the SSL-services are non-refundable.  The Customer further acknowledges that the early termination of the SSL-services does not entail the refunding of any monies paid to LETS BRAND nor does it release the Customer from their obligation to pay all fees applicable to the Service they have ordered. Notwithstanding the foregoing, the Customer having the legal status of consumer pursuant to the Dutch consumer code is entitled to benefit from the statutory fourteen (14) day period of withdrawal. This entitles only private customers, and not companies.

11. Fees and extra:
On our website we have displayed the pricing for (most) of the SSL-services, and also on our general price list survey. The prices are excl. VAT and additional fees can be charged if we need to assist. If we need to support extra with assistance our hourly rate is 100 euro (excl. VAT).

12. Fees in case of accidental cancellation or non-payment
When SSL is cancelled / or not paid we will de-activate the service. For re-activation of the SSL we charge a standaard re-activation fee of 25 euro one-time-fee. Please see our price list, or contact our support for the exact and/ or current pricing is euro’s.

In case of non-payment we also may charge legal based interest and administration costs. And in case we have to request legal assistance you hereby agree that all costs are for you, the Customer, and that for every by us activated case there is a minimum legal fee/ charge of 60 euro excl. VAT which comes on top of the extra interest and administration cost and all other costs created due to non-payment or late-payment.

If after the first period a renewal is on its way, than an invoice will be send 28 days prior of the expiration date. Only when the invoice is paid on time the services will be continued. LETS BRAND is not all responsible for any damages out-coming the non-renewal of Local service if payment was not done on time.

13. Modification
In accordance with article 7.2 of the General Terms and Conditions, LETS BRAND retains the right to discontinue or suspend at any time, temporarily or permanently any part or the entirety of the SSL Certificates Service. The Customer understands and accepts that LETS BRAND cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the SSL Certificates Service.

14. End of contract / Termination
The Customer accepts that in certain circumstances, LETS BRAND will be entitled to terminate their SSL without prior notice. In case of termination of the whole Agreement as set forth by article 14 of the General Terms and Conditions, the Customer shall hold LETS BRAND harmless from any responsibility arising from any further intervention request on the SSL. The Customer expressly agrees that no refund shall be granted in the case of termination of the SSL and/or the whole Agreement.

The Customer may request the termination of the SSL Certificates Service at any time. Such termination will be operated after a period of one (1) month following the receipt by LETS BRAND of a written request sent by registered mail to support@letsbrand.com.

The Customer accepts that in certain circumstances, LETS BRAND will be entitled to terminate provision of the SSL Certificates Service without prior notice. Circumstances where such termination may happen, without it being deemed a default of LETS BRAND towards its contractual or legal obligations, include but are not limited to:

• use of the SSL Certificates Service by the Customer for illicit purposes; and/or
• failure by the Customer to pay to LETS BRAND any fee due for the SSL Certificates Service provision.

• The Customer expressly agrees that no refund shall be granted in the case of termination of the SSL Certificates Service and/or the whole Agreement.

15. Applicable law and jurisdiction
This Agreement is governed by Dutch law. This shall apply to both substantive and adjectival rules, at the exclusion of both Dutch conflict of law rules and statutory provisions contrary to the terms of the Agreement. Any dispute pertaining to the Contractual Terms, their interpretation or execution that may not be amicably settled shall be subject to the exclusive competence of Dutch court(s).

16. How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding our Legal Policies): legal@letsbrand.com

LET’S BRAND | SPECIFIC TERMS AND CONDITIONS RENT YOUR SITE/ HUUR JE SITE

Lastly amended: March 1st 2017

These General Terms and Conditions, and where applicable Our Specific Terms and Conditions, Our Online Policies, Our General Terms and Extra Policy Terms, shall be interpreted and applied as a single instrument (the “Contractual Terms” or the “Agreement”). The Agreement between LETS BRAND and the Customer sets forth the legal rights and obligations governing LETS BRAND offerings, provisioning and delivery of the Services and the Customer’s receipt and use thereof. To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms Conditions.

1. Service
We shall provide the Customer with website design service (the “RYS”) as defined hereafter as the Customer has submitted an Order pursuant to the General Terms and Conditions.

2. Order start
An order is accepted and will be created after the customer accepts our digital contract, or agreement on the pricing either by paying the invoice or by acceptance via e-mail. (The online agreement can be signed online with acceptance agreement). In the acceptance agreement / contract, the description about the order will be placed (such as: pricing – monthly fee, durance of the contract, choice of contract form et. cetera). Cq. al the details that will lead to the execution of the contract according as bespoken.

3. Order process
After acceptance of the contract, we will initiate with the first work trajectory for the webdesign, and will the customer up to date about the process.

4. Licence
We shall grant the customer a non-exclusive limited license to use our webdesign and web hosting service, where to the terms and conditions of webhosting services (including with every RYS) are extended in the separate terms and conditions for webhosting service(s).  All rights in the RYS not expressly granted to the Customer hereunder are reserved to LETS BRAND and its licensors.

5. Limitations
The Customer accepts that LETS BRAND may establish limits to the acceptable use of the RYS, as far this applies customer has the appropriate webhosting package (as described in the RYS contract) – if it outlines this package and extra fee will be charged to upgrade or alter the package. Also in case the standaard database exceeds the normal rating for usage of a database (or will take too much pressure in the standard webhosting package service) than LETS BRAND has the right to upgrade client to a more suitable hosting solutions which can lead to a higher monthly fee in total. The Customer further accepts that LETS BRAND reserves the right to modify the limitations applicable to the RYS from time to time.

6. Fees and extra:
On our website we have displayed the pricing for RYS, and also on our general price list survey. The prices are excl. VAT and additional fees can be charged if we need to assist in services next to the agreed contract or If we need to support extra with assistance our hourly rate is 100 euro (excl. VAT).

7. Fees in case of accidental cancellation or non-payment
When RYS is cancelled / or not paid we will de-activate the service. For re-activation of the RYS we charge a standaard re-activation fee of 25 euro one-time-fee. If webhosting is already deleted we charge 100 euro for the re-installation of the back-up, due to time and cost we have to make for reinstating the services from our back-up network. And if the domain is cancelled the cost apply according to the Domain Services (see section about re-activation costs on top of the yearly fee). Please see our price list, or contact our support for the exact and/ or current pricing is euro’s. Keep in mind that when cancelling your RYS, and coming back on your decision we may charge you the reinstatement cost, which comes next to the yearly registration fee. Also we can charge an additional fee for the re-setup in our network – as stated above (these are also stated in our price list survey).

In case of non-payment we also may charge legal based interest and administration costs. And in case we have to request legal assistance you hereby agree that all costs are for you, the Customer, and that for every by us activated case there is a minimum legal fee/ charge of 60 euro excl. VAT which comes on top of the extra interest and administration cost and all other costs created due to non-payment or late-payment.

If after the first period a renewal is on its way, than an invoice will be send 28 days prior of the expiration date. Only when the invoice is paid on time the services will be continued. LETS BRAND is not all responsible for any damages out-coming the non-renewal of RYS services if payment was not done on time.

8. Responsibility
The Customer understands and accepts that the RYS must be associated with the domain as selected in the original RYS agreement. The Customer will no longer be entitled to benefits from RYS when the domain will not be handled in the network of lets brand and it will automatically be terminated (where than the penalty fee stands for), or a new domain should be selected where client can be set to an additional set-up fee for the movement of the RYS content and structures in order to let it work under the new chosen domain. The Customer acknowledges that the Content communicated via the RYS is the sole responsibility of the person from whom it originated. The Customer therefore agrees that they will be solely and entirely responsible for the Content that they distribute, edit, publish or otherwise make available via the RYS. We do not control the Content transiting via the RYS and, as such, does not guarantee the accuracy, integrity or quality of such Content. It is expressly reminded here that LETS BRAND is not subject to any general obligation to monitor the Content transiting via the RYS. Regarding the aforementioned, in the event LETS BRAND has been informed that the Customer is using the RYS to communicate or distribute blatantly illicit content, LETS BRAND will promptly suspend the RYS without prior notice to the Customer. In such a case and where applicable, LETS BRAND may assist the competent law enforcement authorities in their investigation of the blatantly illegal activities.

9. Optional and contract during
The standard contract for RYS is 2 years (here said: 2x 12 months) as the initial period. After 24 months the contract will be renewed again by 24 months, but always a new contract will be offered to comply to regulations in order to avoid auto-renewal of contract for private customers. For companies the contract will always be auto-renewed, only if the contract will be cancelled 3 months prior to expiration the auto renewal will be cancelled. For private customers also we have set the regulation that proper cancellation is 3 months prior to expiration of the end-date of the contract.

After the initial period (as also stated in the agreement) customer had 2 options:
1. renew the contract for a same period, or choose a 12 months contract at a higher pricing / monthly fee (to the at that date standing actual pricing – this pricing can be higher of lower that what originally stated when closing the contract but will always will be standing in fair proportion to the original and will have kept in mind the inflation correction in the E.U. zone in the past period).
2. choose a new contract (also for 24 months): in this new contract customer can choose a complete new design of their website. This way the customer can have a up to date and market conform website every 2 years without any hassle. There will be only a one time fee (which is dependant of the work for migration of the current website content, settings and other chosen options to the new website). The one time fee will of course be communicated in the new contract upon this is clear and obvious for the client at the time of closing a new agreement with LETS BRAND.
3. Not renewing the contract: if client chooses this option, than the contract will not be renewed and client has to pay a one time fee of 250 EURO excl. VAT to buy-off the website to have it free to move it to a new provider and or registrar.

10. Refunds and cancellation
The Customer understands and agrees that all fees applicable to the RYS are non-refundable.  The Customer further acknowledges that the early termination of the RYS does not entail the refunding of any monies paid to LETS BRAND nor does it release the Customer from their obligation to pay all fees applicable to the Service they have ordered. Notwithstanding the foregoing, the Customer having the legal status of consumer pursuant to the Dutch consumer code is entitled to benefit from the statutory fourteen (14) day period of withdrawal. This entitles only private customers, and not companies.

Client can at all time cancel their contract with LETS BRAND for the chosen RYS.
1. If client wishes to terminate the contract in the 1st year: than the buy-out of the contract will be at last 85% of the remaining contract value and a penalty fee of 500 euro (excl. VAT), also if the clients wishes to take the developed website to a new provider, partner of registrar than the buy-off fee, stated in 6.3. of the above mentioned terms and conditions will also be invoiced. Where to stated that all fees will be invoiced directly, and only after payment of the full invoice the contract will be officially be cancelled)
2. If client wishes to terminate the contract in the 2nd year: than the buy out of the contract will be at last 65% of the remaining contract value and a penalty fee of 500 euro (excl. VAT), also if the clients wishes to take the developed website to a new provider, partner of registrar than the buy-off fee, stated in 6.3. of the above mentioned terms and conditions will also be invoiced. Where to stated that all fees will be invoiced directly, and only after payment of the full invoice the contract will be officially be cancelled)

11. Our obligations
We make no warranty of any kind, expressed or implied as to the RYS merchantability or fit for a particular purpose. LETS BRAND disclaims all responsibility and liability for the RYS availability. Further, the Customer expressly acknowledges that LETS BRAND will not backup the Customer Content and therefore accepts that they shall take all measures they deem necessary against the loss or deterioration of the Content. If needed, a back-up can be requested at an extra cost, and in case of back-up setback placement also an additional fee can be charged depending on the calculated time.

12. Modification
In accordance with article 7.2 of the General Terms and Conditions, LETS BRAND retains the right to discontinue or suspend at any time, temporarily or permanently any part of the RYS. In such a case LETS BRAND shall make its best efforts to inform the Customer of such modification or suspension of the RYS in a timely  manner. The Customer understands and accepts that LETS BRAND cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the RYS.

13. Availability
The Customer accepts that the RYS may be unavailable or not functioning from time to time due to several causes, such as but not limited to:

• periodic maintenance, repair or replacement operations of equipment necessary to the provision of the RYS,
• improper use of the RYS by the Customer,

14. Terms of use
By using the RYS, the Customer commits not to:

• take any action that may be defamatory, libellous, threatening, abusive, harassing, invasive of another’s privacy, and/or hateful, racially, ethnically or otherwise objectionable, harmful to minors in any way;
• impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity;
• forge or manipulate identifiers in order to disguise the origin of any Content;
• upload, post, email, transmit or otherwise make available any Content that the Customer does not have a right to make available;
• infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt theRYSor servers or networks connected to the RYS, or disobey any requirements, procedures, policies or regulations of networks connected to RYS; intentionally or unintentionally violate any applicable national or international law, and more generally any applicable legal or statutory rules.

The RYS is provided for the Customer’s personal use only. The Customer agrees not to use the RYS for commercial purposes and the Customer agrees not to resell, distribute, or share the RYS in whole or in part. Should the Customer use the RYS within the scope of a professional activity or commercial venture, the Customer agrees to hold LETS BRAND harmless of any consequence that this unauthorised use may result in.

15. End of contract / Termination regulation
The Customer may request the termination of the RYS Service at any time. Such termination will be operated after a period of one (1) month following the receipt by LETS BRAND of a written request sent by registered mail to support@letsbrand.com. The Customer accepts that in certain circumstances, LETS BRAND will be entitled to terminate their RYS subscription without prior notice, thus preventing the customer from accessing and/or using the RYS. Circumstances where such termination may happen, without it being deemed a default of LETS BRAND towards its contractual or legal obligations, include but are not limited to:

• any suspension or fundamental modification of the RYS;
• unforeseeable technical or security issues;
• use of the RYS by the Customer for illicit purposes;
• failure by the Customer to pay to LETS BRAND any fee due for the RYS provision;
• all access to the functionalities offered as part as the RYS and
• more generally prevent any further use of the RYS.

In case of termination of the whole Agreement as set forth by article 14 of the General Terms and Conditions, the Customer shall hold LETS BRAND harmless from any responsibility arising from any further intervention request on the RYS. The Customer expressly agrees that no refund shall be granted in the case of termination of the RYS and/or the whole Agreement.

16. Development of RYS
Customers is making aware via these terms and conditions that the development of the RYS service can be executed by third parties, to ensure a proper finishing of the RYS for our customers. This means that we are able to develop, acquire of share RYS services with third parties in order to ensure the proper connectivity and deployment of widgets, apps or other sort of needs to fully let the RYS function according to the needs as accepted and agreed on by the customer within the RYS agreement. Because we make us of third parties we cannot held liable for any failure, faults of disconnection of services integrated in the RYS service, but of course will do our utmost best to avoid these circumstances at all time.

17. Applicable law and jurisdiction
This Agreement is governed by Dutch law. This shall apply to both substantive and adjectival rules, at the exclusion of both Dutch conflict of law rules and statutory provisions contrary to the terms of the Agreement. Any dispute pertaining to the Contractual Terms, their interpretation or execution that may not be amicably settled shall be subject to the exclusive competence of Dutch court(s).

18. How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | SPECIFIC TERMS AND CONDITIONS BRAND / PATENT PROTECTION, REGISTRATION SERVICES

Lastly amended: March 1st 2017

These General Terms and Conditions, and where applicable Our Specific Terms and Conditions, Our Online Policies, Our General Terms and Extra Policy Terms, shall be interpreted and applied as a single instrument (the “Contractual Terms” or the “Agreement”). The Agreement between LETS BRAND and the Customer sets forth the legal rights and obligations governing LETS BRAND offerings, provisioning and delivery of the Services and the Customer’s receipt and use thereof. To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms Conditions.

1. Service
We shall provide the Customer with Brand Protection, Patent Protection, Brand Registration and Patent Registration services (the “IPP”) as defined hereafter as the Customer has submitted an Order pursuant to the General Terms and Conditions.

2. Order start
An order is accepted and will be created after the customer accepts our digital contract, or agreement on the pricing either by paying the invoice or by acceptance via e-mail. (The online agreement can be signed online with acceptance agreement). In the acceptance agreement / contract, the description about the order will be placed (such as: pricing – monthly fee, durance of the contract, choice of contract form et. cetera). Cq. al the details that will lead to the execution of the contract according as bespoken.

3. Order process
After acceptance of the contract/ agreement, we will initiate with the IPP – as chosen the options requested and for which already have been outlined the pricing. Extra costs are never part of the contact, and are merely a proposed calculation of what can lead extra in case of these services upon the customer has a fair view of what the customer can expect in the continuation of the process.

4. Options
On our website different IPP products are to be chosen from. Pricing depends on the chosen package / option, as will be executed if chosen and paid with the options valid for the chosen services.

5. Payment and fees
Payment can be done online, as stated in the confirmation e-mail when requested an order via the terms as stated in our Financial Information. And the fees will be displayed on our Price List survey, and of course on the IPP specific pages. Our hourly rate for our services are 100 euro (excl. VAT) and administration cost. If services are executed by third parties, this will communicated fairly and thus it can happen that a different hourly rate can be charged.

6. Fees and extra:
On our website we have displayed the pricing for IPP, and also on our general price list survey. The prices are excl. VAT and additional fees can be charged if we need to assist in services next to the agreed contract or If we need to support extra with assistance our hourly rate is 100 euro (excl. VAT).

7. Fees in case of accidental cancellation or non-payment
When IPP is cancelled / or not paid we will de-activate the service. For re-activation of the IPP we can charge a standard re-activation fee one-time-fee. If a IPP service is already deleted we charge 100 euro per hour, for taking the time for reinstating the service. Please see our price list, or contact our support for the exact and/ or current pricing is euro’s. Keep in mind that when cancelling your IPP, and coming back on your decision we may charge you the reinstatement cost, which comes next to the renovation registration fee. Also we can charge an additional fee for the re-setup in our network – as stated above.

In case of non-payment we also may charge legal based interest and administration costs. And in case we have to request legal assistance you hereby agree that all costs are for you, the Customer, and that for every by us activated case there is a minimum legal fee/ charge of 60 euro excl. VAT which comes on top of the extra interest and administration cost and all other costs created due to non-payment or late-payment.

8. Renewals
If after the first period a renewal is on its way, than an invoice will be send 28 days prior of the expiration date. Only when the invoice is paid on time the services will be continued. LETS BRAND is not all responsible for any damages out-coming the non-renewal of IPP services if payment was not done on time. Also we have the right to charge extra interest and administration costs when payments are overdue to LETS BRAND.

In case of non-payment we also may charge legal based interest and administration costs. And in case we have to request legal assistance you hereby agree that all costs are for you, the Customer, and that for every by us activated case there is a minimum legal fee/ charge of 60 euro excl. VAT which comes on top of the extra interest and administration cost and all other costs created due to non-payment or late-payment.

9. Refunds and cancellation
The Customer understands and agrees that all fees applicable to the IPP are non-refundable.  The Customer further acknowledges that after monies paid to LETS BRAND does not release the Customer from their obligation to pay all fees applicable to the Service they have ordered. Notwithstanding the foregoing, the Customer having the legal status of consumer pursuant to the Dutch consumer code is entitled to benefit from the statutory fourteen (14) day period of withdrawal. This entitles only private customers, and not companies. However a IPP will only be executed after full payment, and only than will be delivered as upon promised. In case of renewal the above mentioned also counts. If payment is too late (in case of renewal) there is a possibility to renew services, however there can be charged additional fees in order to activate services on top of the normale costs of services.

10. Our obligations
With the experience in IPP for your IP assets, LETS BRAND disclaims however all responsibility and liability for the IPP. Also we have the right to let certain parts of our services to be executed by by LETS BRAND chosen executive partners and third parties.

11. Modification
In accordance with article 7.2 of the General Terms and Conditions, LETS BRAND retains the right to discontinue or suspend at any time, temporarily or permanently any part of the IPP. In such a case LETS BRAND shall make its best efforts to inform the Customer of such modification or suspension of the IPP in a timely  manner. The Customer understands and accepts that LETS BRAND cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the IPP.

12. End of contract / Termination regulation
The Customer may request the termination of the IPP at any time. Such termination will be operated after a period of one (1) month following the receipt by LETS BRAND of a written request sent by registered mail to support@letsbrand.com. The Customer accepts that in certain circumstances, LETS BRAND will be entitled to terminate their IPP without prior notice. In case of termination of the whole Agreement as set forth by article 14 of the General Terms and Conditions, the Customer shall hold LETS BRAND harmless from any responsibility arising from any further intervention request on the IPP. The Customer expressly agrees that no refund shall be granted in the case of termination of the IPP and/or the whole Agreement.

13. Applicable law and jurisdiction
This Agreement is governed by Dutch law. This shall apply to both substantive and adjectival rules, at the exclusion of both Dutch conflict of law rules and statutory provisions contrary to the terms of the Agreement. Any dispute pertaining to the Contractual Terms, their interpretation or execution that may not be amicably settled shall be subject to the exclusive competence of Dutch court(s).

14. How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | SPECIFIC TERMS AND CONDITIONS TRADEMARK CLEARINGHOUSE

Lastly amended: March 1st 2017

These General Terms and Conditions, and where applicable Our Specific Terms and Conditions, Our Online Policies, Our General Terms and Extra Policy Terms, shall be interpreted and applied as a single instrument (the “Contractual Terms” or the “Agreement”). The Agreement between LETS BRAND and the Customer sets forth the legal rights and obligations governing LETS BRAND offerings, provisioning and delivery of the Services and the Customer’s receipt and use thereof. To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms Conditions.

1. Service
So far as the Customer has submitted an Order for the Trademark Clearinghouse Service in accordance with the General Terms and Conditions, LETS BRAND shall proceed to the recording of the trademark specified by the Customer with the ICANN Trademark Clearinghouse (the “TMCH Service”)

• Trademark registration/ recording: Acting as a mere intermediary, LETS BRAND shall relay the Customer’s recording request to its affiliate here of now noted as (the “Agent”). In carrying out this process, LETS BRAND will not perform any action to verify in any manner whatsoever the validity of the Customer’s recording request and will act as a sheer technical intermediary between the Customer and the Agent. Notwithstanding the foregoing, LETS BRAND shall nevertheless ensure that the Customer has filled all mandatory fields of the Order Form before submitting the Trademark recording request to the Agent.
• Renewal: In order to renew the record that the Customer has registered in the Trademark Clearinghouse (“TMCH”) via the Agent (the “Record”), the Customer may use LETS BRAND’s renewal processing system. LETS BRAND will notify the Customer several times of the expiration and applicable methods to renew the Record, by sending emails to the address registered as part of the Customer Details. LETS BRAND will not be held liable if the Customer fails to take the necessary action to renew the Record or if the Customer Details are inaccurate or obsolete and more generally if the Customer fails to receive the expiration notice. The Customer remains solely responsible for the renewal of the Record If the Customer fails to take action to renew the Record before its expiration date, the Customer will no longer benefit from the services attached thereto such as the Sunrise eligibility rights and the claims notice service.
• Communication forwarding: LETS BRAND undertakes to forward to the Customer any communication received by the Agent regarding the Record, including any request from the Validation Agent as part of the Validation Service, any notification of registered names matching the Record, and the Signed Mark Data file generated as part of the Sunrise Service. The Customer expressly understands that such forwarding will be exclusively operated by email and as such commits to maintain the accuracy and functionality of the email address provided as part of their Customer Details, and to monitor emails sent to it.

2. Service use
The Customer commits to only use the Service for its intended purposes. By placing an order for the TMCH Service, the Customer agrees to be bound by and to comply with the agent service terms from our TMCH partner or when accredited our own the TMCH Guidelines and the Dispute Resolution Procedures in force at any particular time.

3. Order start
An order is accepted and will be created after the customer accepts our digital contract, or agreement on the pricing either by paying the invoice or by acceptance via e-mail. (The online agreement can be signed online with acceptance agreement). In the acceptance agreement / contract, the description about the order will be placed (such as: pricing – monthly fee, durance of the contract, choice of contract form et. cetera). Cq. al the details that will lead to the execution of the contract according as bespoken.

4. Order process
After acceptance of the contract, we will initiate with the TMCL.

5. Options
On our website different Validation forms are to be chosen from. Pricing depends on the chosen package / option, as will be executed if chosen and paid with the options valid for the chosen TMCL service.

6. Guarantee
The Customer commit to hold LETS BRAND and/or the Provider harmless against any claim and/or suit from any third party based on or arising from the Customer’s use of the Service. This guarantee includes among others that the Customer will fully indemnify LETS BRAND and/or the Provider for any direct or indirect damages such as but not limited to, all administrative, judiciary or extra judiciary costs incurred for LETS BRAND and/or the Provider by the Customer’s use of the Service. In the event the TMCL relies on the services of a Provider, additional terms of use may apply.

7. Our obligations
When providing the TMCH Service, LETS BRAND’s sole obligation is to submit the Customer’s request to the Agent and to forward the Agent’s communications to the Customer. LETS BRAND is offering the Service on an as-is basis and makes no other warranty than the fact that all Customer’s orders that have been paid in full will be transmitted to the Agent and that communications received by the Agent will be forwarded to the Customer’s email address.

8. Supporting documents
The Customer commits to provide LETS BRAND with all documentation requested by the Validation Agent to review the Trademark recording request. The Customer acknowledges that any delay in providing the supporting documents will entail additional work for the LETS BRAND team and could potentially prevent the successful recording of the Record. If LETS BRAND has not received the necessary documentation within fourteen (14) calendar days following the transmission of a request for documentation, the Record in question will be cancelled by the Validation Agent pursuant to the TMCH Guidelines.

6. Refund
The Customer understands and agrees that all fees applicable to the TMCH Service are non-refundable, notwithstanding the fact that the Customer order was invalidated by the Validation Agent or that the TMCH Service has been suspended or terminated before the expiration of the Record. All fees applicable to the TMCH Service are non-refundable in whole or in part. And being stated that this service is not subject to the statutory right of withdrawal by customers and or private customers. The Customer further acknowledges that the early termination of the TMCL does not entail the refunding of any monies paid to LETS BRAND nor does it release the Customer from their obligation to pay all fees applicable to the Service they have ordered. Notwithstanding the foregoing, the Customer having the legal status of consumer pursuant to the Dutch consumer code is entitled to benefit from the statutory fourteen (14) day period of withdrawal. This entitles only private customers, and not companies.

7. Fees and extra:
On our website we have displayed the pricing for (most) of the TMCL, and also on our general price list survey. The prices are excl. VAT and additional fees can be charged if we need to assist. If we need to support extra with assistance our hourly rate is 100 euro (excl. VAT).

8. Fees in case of accidental cancellation or non-payment
When TMCL is cancelled / or not paid we will de-activate the service. For re-activation of the TMCL we charge a standaard re-activation fee / one-time-fee. Please see our price list, or contact our support for the exact and/ or current pricing is euro’s.

In case of non-payment we also may charge legal based interest and administration costs. And in case we have to request legal assistance you hereby agree that all costs are for you, the Customer, and that for every by us activated case there is a minimum legal fee/ charge of 60 euro excl. VAT which comes on top of the extra interest and administration cost and all other costs created due to non-payment or late-payment.

If after the first period a renewal is on its way, than an invoice will be send 28 days prior of the expiration date. Only when the invoice is paid on time the services will be continued. LETS BRAND is not all responsible for any damages out-coming the non-renewal or if payment was not done on time.

9. Personal Data protection
By submitting an Order Form for the TMCH Service, the Customer expressly accepts that their Personal Data will be subject to the Agent Terms of Service and as such will be disclosed to the third party specified in this document.

10. End of contract / Termination
LETS BRAND may terminate the provision of the TMCH Service if the Customer is in material breach of the Contractual Terms and does not remedy such breach within fourteen (14) calendar days from the sending of LETS BRAND breach notice. The Customer may terminate the TMCH Service at any time by sending LETS BRAND a written notice (and extra confirmation per e-mail), which should be a least 30 days before ending of the contract. In such a case the Customer shall take all necessary action to transfer all its Records to their own account with the TMCH. Failure to instigate this transfer of the Records from under the Agent’s management during the thirty (30) days period following the termination notice means the Service will be deactivated and the Customer will no longer be entitled to receive any of the benefits of the TMCH Service.

11. Applicable law and jurisdiction
This Agreement is governed by Dutch law. This shall apply to both substantive and adjectival rules, at the exclusion of both Dutch conflict of law rules and statutory provisions contrary to the terms of the Agreement. Any dispute pertaining to the Contractual Terms, their interpretation or execution that may not be amicably settled shall be subject to the exclusive competence of Dutch court(s).

12. How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | SPECIFIC TERMS AND CONDITIONS DNS SERVICES

Lastly amended: March 1st 2017

These General Terms and Conditions, and where applicable Our Specific Terms and Conditions, Our Online Policies, Our General Terms and Extra Policy Terms, shall be interpreted and applied as a single instrument (the “Contractual Terms” or the “Agreement”). The Agreement between LETS BRAND and the Customer sets forth the legal rights and obligations governing LETS BRAND offerings, provisioning and delivery of the Services and the Customer’s receipt and use thereof. To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms Conditions.

1. Service
LETS BRAND shall provide the Customer with a range of DNS services (the “DNS Service”) as defined hereafter, and insofar as the Customer has submitted an Order pursuant to the General Terms and Conditions.

2. Order start
An order is accepted and will be created after the customer accepts our digital contract, or agreement on the pricing either by paying the invoice or by acceptance via e-mail. (The online agreement can be signed online with acceptance agreement). In the acceptance agreement / contract, the description about the order will be placed (such as: pricing – monthly fee, durance of the contract, choice of contract form et. cetera). Cq. al the details that will lead to the execution of the contract according as bespoken.

3. Order process
After acceptance of the contract, we will initiate the services and will keep the customer up to date about the process.

4. License
LETS BRAND shall grant the Customer a non-exclusive limited license to use the DNS Service with certain, limited functions chosen by the Customer. By accepting this license, the Customer shall not allow any third party to: directly or indirectly : (i) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms or any portion of the software and more generally of any technology made available to them as part of the DNS Service ; (ii) modify or create derivative works of the DNS Service; (iii) incorporate or embed the DNS Service, in whole or in part, into another product or other computer software code; or (iv) remove, alter, cover or obscure any copyright notice or any other notice or trademark that appears on the DNS Service. The Customer acknowledges that the license of use on the DNS Service is personal and non-transferrable and that the Customer is forbidden from sub-licensing the DNS Service and more generally from allowing any third party to use the DNS Service. All rights in the DNS Service not expressly granted to the Customer hereunder are reserved to LETS BRAND and its licensors.

5. Limitations
The number of authorised DNS queries and more generally the technical limits of the DNS Service are those specified and selected by the Customer and provided by LETS BRAND. Although the Customer may be allowed to temporarily exceed the monthly authorised number of queries, the Customer commits to diligently monitor and limit their usage of the DNS Service and in particular the number of queries made on their Domain Name to abide by the limits of their order selection. In the event the Customer exceeds the limits of their DNS Service subscription, LETS BRAND  will be entitled to charge additional fees to the Customer. If the Customer’s usage of the DNS Service exceeds their subscription limits, the Customer will have to either upgrade their subscription to one that meets their usage of the Service, or alternatively reduce their usage so that it remains within the selected subscription limits. In the event where the Customer fails to take one of the aforementioned actions, LETS BRAND will be entitled to (a) unilaterally upgrade the Customer to a subscription fitting the Customer’s actual usage of the DNS Service or (b) unilaterally terminate the DNS Service. Unless otherwise specified, unused monthly allotments (including, but not limited to, records per zone or queries per month) shall not accrue or carry over from one monthly period to another. The Customer acknowledges and accepts that the DNS Service usage calculation will be based on LETS BRAND’s network monitoring tools and the logs generated thereof, excluding any other. The Customer may consult such logs at any time through their Customer Account.

6. Fees and extra:
On our website we have displayed the pricing for DNS services, and also on our general price list survey. The prices are excl. VAT and additional fees can be charged if we need to assist. If we need to support extra with assistance our hourly rate is 100 euro (excl. VAT).

7. Fees in case of accidental cancellation or non-payment
When DNS service is cancelled / or not paid we will de-activate the service. For re-activation of the DNS service we charge a standaard re-activation fee of 25 euro one-time-fee. If DNS is already deleted we charge 100 euro for the re-installation of the back-up, due to time and cost we have to make for reinstating the services from our back-up network. Please see our price list, or contact our support for the exact and/ or current pricing is euro’s. Keep in mind that when cancelling your DNS service, and coming back on your decision we may charge you the reinstatement cost, which comes next to the yearly registration fee. Also we can charge an additional fee for the re-setup for the DNS in our network – as stated above (these are also stated in our price list survey).

In case of non-payment we also may charge legal based interest and administration costs. And in case we have to request legal assistance you hereby agree that all costs are for you, the Customer, and that for every by us activated case there is a minimum legal fee/ charge of 60 euro excl. VAT which comes on top of the extra interest and administration cost and all other costs created due to non-payment or late-payment.

If after the first period a renewal is on its way, than an invoice will be send 28 days prior of the expiration date. Only when the invoice is paid on time the services will be continued. LETS BRAND is not all responsible for any damages out-coming the non-renewal of DNS services if payment was not done on time.

8. Responsibility
The Customer expressly understands that the DNS Service must be associated with a domain name to be operational. The Customer further understands that due to sheer technical limitations, the DNS Service may only be provided for domain names registered with LETS BRAND. As a result, should the Domain Name associated to the DNS Service subscription not be renewed, be transferred to another Registrar, traded to another person, be deleted pursuant to a court order or a settlement, or more generally ceases to be linked to the Customer and/or to LETS BRAND, the Customer will no longer be entitled to benefit from the DNS Service and it will automatically be terminated. The Customer will be solely responsible for taking all necessary measures regarding their Domain Name before such termination and LETS BRAND will not be held liable for any loss and/ or shortfall incurred because of such.

9. Refund
The Customer understands and agrees that all fees applicable to the DNS services are non-refundable.  The Customer further acknowledges that the early termination of the DNS service does not entail the refunding of any monies paid to LETS BRAND nor does it release the Customer from their obligation to pay all fees applicable to the Service they have ordered. Notwithstanding the foregoing, the Customer having the legal status of consumer pursuant to the Dutch consumer code is entitled to benefit from the statutory fourteen (14) day period of withdrawal. This entitles only private customers, and not companies.

10. Modification
In accordance with article 7.2 of the General Terms and Conditions, LETS BRAND retains the right to discontinue or suspend at any time, temporarily or permanently any part of the DNS Service. In such a case LETS BRAND shall make its best efforts to inform the Customer of such modification or suspension of the DNS Service in a timely manner. The Customer understands and accepts that LETS BRAND cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the DNS Service.

11. Our obligations
LETS BRAND makes no warranty of any kind, expressed or implied as to the DNS Service merchantability or fit for a particular purpose. The DNS Service is provided on an as-is and as available basis without warranty of any kind, expressed or implied as to its good functionality and LETS BRAND disclaims all responsibility and liability for the Service availability. Further, the Customer expressly acknowledges that LETS BRAND will not backup the Customer’s Content and therefore accepts that they shall take all measures they deem necessary against the loss or deterioration of the Content.

12. Availability
LETS BRAND shall make its best efforts to provide the DNS Service twenty (24) hours a day and seven (7) days a week for the whole term of the DNS Service subscription. LETS BRAND shall make all reasonable efforts to publish on the LETS BRAND Site any information pertaining to the resuming of the DNS Service after an interruption. However, hereby only commits to a best-efforts obligation. Additionally, the Customer accepts that the DNS Service may be unavailable or not functioning from time to time due to several causes, such as but not limited to:

• periodic maintenance, repair or replacement operations of equipment necessary to the provision of the DNS Service by our technology partner(s),
• improper use of the DNS Service by the Customer et. cetera.

13. End of contract / Termination service
The Customer may request the termination of the DNS Service at any time. Such termination will be operated after a period of one (1) month following the receipt by LETS BRAND of a written request sent by registered mail to support@letsbrand.com. The Customer accepts that in certain circumstances, LETS BRAND will be entitled to terminate their DNS Service subscription without prior notice, thus preventing the customer from accessing and/or using the DNS Service. Circumstances where such termination may happen, without it being deemed a default of LETS BRAND towards its contractual or legal obligations, include but are not limited to:

• any suspension or fundamental modification of the DNS Service;
• unforeseeable technical or security issues;
• use of the DNS Service by the Customer for illicit purposes;
• failure by the Customer to pay to LETS BRAND any fee due for the DNS Service provision

• In case of termination of the whole Agreement as set forth by article 14 of the General Terms and Conditions, the Customer agrees that LETS BRAND will have no obligation to execute any further request regarding the DNS Service.
• The Customer expressly agrees that no refund shall be granted in the case of termination of the DNS Service and/or the whole Agreement.

14. Applicable law and jurisdiction
This Agreement is governed by Dutch law. This shall apply to both substantive and adjectival rules, at the exclusion of both Dutch conflict of law rules and statutory provisions contrary to the terms of the Agreement. Any dispute pertaining to the Contractual Terms, their interpretation or execution that may not be amicably settled shall be subject to the exclusive competence of Dutch court(s).

15. How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | SPECIFIC TERMS AND CONDITIONS WEBHOSTING SERVICES

Lastly amended: March 1st 2017

These General Terms and Conditions, and where applicable Our Specific Terms and Conditions, Our Online Policies, Our General Terms and Extra Policy Terms, shall be interpreted and applied as a single instrument (the “Contractual Terms” or the “Agreement”). The Agreement between LETS BRAND and the Customer sets forth the legal rights and obligations governing LETS BRAND offerings, provisioning and delivery of the Services and the Customer’s receipt and use thereof. To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms Conditions.

1. Service
We shall provide the Customer with a range of web hosting services (the “Web Hosting Service”) as defined hereafter as the Customer has submitted an Order pursuant to the General Terms and Conditions.

An order is accepted and will be created after the customer accepts our digital contract, or agreement on the pricing either by paying the invoice or by acceptance via e-mail. (The online agreement can be signed online with acceptance agreement). In the acceptance agreement / contract, the description about the order will be placed (such as: pricing – monthly fee, durance of the contract, choice of contract form et. cetera). Cq. al the details that will lead to the execution of the contract according as bespoken.

2. Order process
In order for the Customer to conveniently activate the Web Hosting Service, we allow the Customer to initiate this procedure up to three (3) months after their order has been accepted by LETS BRAND. If they fail to initiate the activation, they will lose all rights and will not be entitled to any refund.

3. Licence
We shall grant the Customer a non-exclusive limited license to use the Web Hosting Service with certain, limited functions chosen by the Customer in their order. By accepting this license, the Customer shall not, and shall not allow any third party to: directly or indirectly : (i) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms or any portion of the software and more generally of any technology made available to them as part of the Web Hosting Service ; (ii) modify or create derivative works of the Web Hosting Service; (iii) incorporate or embed the Web Hosting Service, in whole or in part, into another product or other computer software code; or (iv) remove, alter, cover or obscure any copyright notice or any other notice or trademark that appears on the Web Hosting Service. The Customer acknowledges that the license of use on the Web Hosting Service is personal and non-transferrable and that the Customer is forbidden from sub-licensing the Web Hosting Service and more generally, from allowing any third party to use the Web Hosting Service. All rights in the Web Hosting Service not expressly granted to the Customer hereunder are reserved to LETS BRAND and its licensors.

4. Limitations
The Customer accepts that LETS BRAND may establish limits to the acceptable use of the Web Hosting Service, including without limitation the number and size of the database provided and the number of simultaneous connections to a website hosted via the Web Hosting Service. The Customer acknowledges that the Web Hosting Service is initially set according to our chosen hosting packages (as visible on our hosting section). Notwithstanding the aforementioned, the Customer understands and accepts that the Web Hosting Service shall strictly and solely be used for the hosting of websites and that any use of the Web Hosting Service as a file sharing platform, as a video or music streaming platform is against the Web Hosting design and strictly forbidden. The Customer further accepts that LETS BRAND reserves the right to modify the limitations applicable to the Web Hosting Service from time to time.

5. Responsibility
The Customer understands and accepts that the Web Hosting Service must be associated with a domain name to be operational. The Customer further understands that due to technical limitations, the Web Hosting Service may only be provided for domain names registered with LETS BRAND. As a result, should the Domain Name associated to the Web Hosting not to be renewed, be transferred to another Registrar, traded to another person, be deleted pursuant to a court order or a settlement, or more generally ceases to be linked to the Customer and/or to LETS BRAND, the Customer will no longer be entitled to benefit from the Web Hosting Service and it will automatically be terminated. The Customer will be solely responsible for taking all necessary measures regarding their Domain Name before such termination and LETS BRAND will not be held liable for any loss and/ or shortfall incurred because of such.The Customer acknowledges that the Content communicated via the Web Hosting Service is the sole responsibility of the person from whom it originated. The Customer therefore agrees that they will be solely and entirely responsible for the Content that they distribute, edit, publish or otherwise make available via the Web Hosting Service. We do not control the Content transiting via the Web Hosting Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. It is expressly reminded here that LETS BRAND is not subject to any general obligation to monitor the Content transiting via the Web Hosting Service. Regarding the aforementioned, in the event LETS BRAND has been informed that the Customer is using the Web Hosting Service to communicate or distribute blatantly illicit content, LETS BRAND will promptly suspend the Web Hosting Service without prior notice to the Customer. In such a case and where applicable, LETS BRAND may assist the competent law enforcement authorities in their investigation of the blatantly illegal activities.

6. Fees and extra:
On our website we have displayed the pricing for Webhosting services, and also on our general price list survey. The prices are excl. VAT and additional fees can be charged if we need to assist f.e. in website transfer and or database migration. If we need to support extra with assistance our hourly rate is 100 euro (excl. VAT).

7. Fees in case of accidental cancellation or non-payment
When webhosting is cancelled / or not paid we will de-activate the service. For re-activation of the webhosting we charge a standaard re-activation fee of 25 euro one-time-fee. If webhosting is already deleted we charge 100 euro for the re-installation of the back-up, due to time and cost we have to make for reinstating the services from our back-up network. Please see our price list, or contact our support for the exact and/ or current pricing is euro’s. Keep in mind that when cancelling your webhosting, and coming back on your decision we may charge you the reinstatement cost, which comes next to the yearly registration fee. Also we can charge an additional fee for the re-setup for the webhosting in our network – as stated above (these are also stated in our price list survey).

In case of non-payment we also may charge legal based interest and administration costs. And in case we have to request legal assistance you hereby agree that all costs are for you, the Customer, and that for every by us activated case there is a minimum legal fee/ charge of 60 euro excl. VAT which comes on top of the extra interest and administration cost and all other costs created due to non-payment or late-payment.

If after the first period a renewal is on its way, than an invoice will be send 28 days prior of the expiration date. Only when the invoice is paid on time the services will be continued. LETS BRAND is not all responsible for any damages out-coming the non-renewal of webhosting services if payment was not done on time.

8. Refund
The Customer understands and agrees that all fees applicable to the Webhosting services are non-refundable.  The Customer further acknowledges that the early termination of the Webhosting service does not entail the refunding of any monies paid to LETS BRAND nor does it release the Customer from their obligation to pay all fees applicable to the Service they have ordered. Notwithstanding the foregoing, the Customer having the legal status of consumer pursuant to the Dutch consumer code is entitled to benefit from the statutory fourteen (14) day period of withdrawal. This entitles only private customers, and not companies.

9. Our obligations
We make no warranty of any kind, expressed or implied as to the Web Hosting Service merchantability or fit for a particular purpose. The Web Hosting Service is provided on an as-is and as available basis without warranty of any kind, expressed or implied, as to its good functionality and LETS BRAND disclaims all responsibility and liability for the Service availability. Further, the Customer expressly acknowledges that LETS BRAND will not backup the Customer Content and therefore accepts that they shall take all measures they deem necessary against the loss or deterioration of the Content. If needed, a back-up can be requested at an extra cost, and in case of back-up setback placement also an additional fee can be charged depending on the calculated time.

10. Modification
In accordance with article 7.2 of the General Terms and Conditions, LETS BRAND retains the right to discontinue or suspend at any time, temporarily or permanently any part of the Web Hosting Service. In such a case LETS BRAND shall make its best efforts to inform the Customer of such modification or suspension of the Web Hosting Service in a timely  manner. The Customer understands and accepts that LETS BRAND cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the Web Hosting Service.

11. Availability
LETS BRAND shall make its best efforts to provide the Web Hosting Service twenty (24) hours a day and seven (7) days a week for the whole term of the Web Hosting Service subscription. However, LETS BRAND hereby only commits to a best-efforts obligation. We shall make all reasonable efforts to publish on the LETS BRAND Site any information pertaining to the resuming of the Web Hosting Service after an interruption. Additionally, the Customer accepts that the Web Hosting Service may be unavailable or not functioning from time to time due to several causes, such as but not limited to:

• periodic maintenance, repair or replacement operations of equipment necessary to the provision of the Web Hosting Service,
• improper use of the Web Hosting Service by the Customer,

12. Terms of use
By using the Web Hosting Service, the Customer commits not to:

• take any action that may be defamatory, libellous, threatening, abusive, harassing, invasive of another’s privacy, and/or hateful, racially, ethnically or otherwise objectionable, harmful to minors in any way;
• impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity;
• forge or manipulate identifiers in order to disguise the origin of any Content;
• upload, post, email, transmit or otherwise make available any Content that the Customer does not have a right to make available;
• infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt the Web Hosting Service or servers or networks connected to the Web Hosting Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Hosting Service; intentionally or unintentionally violate any applicable national or international law, and more generally any applicable legal or statutory rules.

The Web Hosting Service is provided for the Customer’s personal use only. The Customer agrees not to use the Web Hosting Service for commercial purposes and the Customer agrees not to resell, distribute, or share the Web Hosting Service in whole or in part. Should the Customer use the Web Hosting Service within the scope of a professional activity or commercial venture, the Customer agrees to hold LETS BRAND harmless of any consequence that this unauthorised use may result in.

13. End of contract, termination regulation
The Customer may request the termination of the Web Hosting Service at any time. Such termination will be operated after a period of one (1) month following the receipt by LETS BRAND of a written request sent by registered mail to support@letsbrand.com. The Customer accepts that in certain circumstances, LETS BRAND will be entitled to terminate their Web Hosting Service subscription without prior notice, thus preventing the customer from accessing and/or using the Web Hosting Service. Circumstances where such termination may happen, without it being deemed a default of LETS BRAND towards its contractual or legal obligations, include but are not limited to:

• any suspension or fundamental modification of the Web Hosting Service;
• unforeseeable technical or security issues;
• use of the Web Hosting Service by the Customer for illicit purposes;
• failure by the Customer to pay to LETS BRAND any fee due for the Web Hosting Service provision;
• all access to the functionalities offered as part as the Web Hosting Service and
• more generally prevent any further use of the Web Hosting Service.

In case of termination of the whole Agreement as set forth by article 14 of the General Terms and Conditions, the Customer shall hold LETS BRAND harmless from any responsibility arising from any further intervention request on the Web Hosting Service. The Customer expressly agrees that no refund shall be granted in the case of termination of the Web Hosting Service and/or the whole Agreement.

14. Applicable law and jurisdiction
This Agreement is governed by Dutch law. This shall apply to both substantive and adjectival rules, at the exclusion of both Dutch conflict of law rules and statutory provisions contrary to the terms of the Agreement. Any dispute pertaining to the Contractual Terms, their interpretation or execution that may not be amicably settled shall be subject to the exclusive competence of Dutch court(s).

15. How to get in contact with LETS BRAND

LETS BRAND B.V.
PO Box 363
4600AJ – Bergen op Zoom
(the Netherlands)

Phone (worldwide): +31 85 888 9212
E-mail (regarding Privacy): legal@letsbrand.com

LET’S BRAND | STOLEN DOMAIN POLICY AND PROCEDURE

Lastly amended: March 1st 2017

Together with our strong forfait on protecting assets and intellectual property of our clients and customers, we do not tolerate actions of domain theft and/or hijacking. We have set-up a special procedure in order for domain owners to report fraude concerning their domain(s) and interruptions in their ownership rights.

First of all; what is Domain Hijacking?
Domain hijacking is an aggresive form of domain theft, whereby a hijacker uses fraud or another form of improper means to change the registration information of an unexpired domain with the purpose of illegally taking control over the domain from its legitimate owner.

What is LETS BRAND’s role within domains?
We ourselves own a large portfolio of domainnames which we either have acquired in the past, or at current, or are branding our products onto, or are corresponding with our registered trademarks and assets.

LETS BRAND does not have control of any sort of domains for whom are listed, we are servicing our service and products and other sort. There are a couple of exceptions: .a. there where a client or customer has requested us to place the domain on our company’s name for privacy issues, .b. there were a client or customers is in the midst of an escrow via LETS BRAND. In that case a domain(s) will be placed on our registrar account (depending of the options and extension(s), and after all the take-over issues have been resolved the domain(s) will be transferred to the proper owner(s), .c. there where we service brand protection service(s), brand registration and assets protection or domainname management, and via close deals has been agreed upon that LET’S BRAND will hold further details of domain(s).

Our agreement with our users explicitly stipulates that the user is the domain registrant/owner of record. Furthermore, we will not tolerate behaviour consistent with stolen or hijacked domains from third parties or from users.

How can you report a domain as stolen, or start a Stolen Domain procedure?
Please comply with the following complaint procedure if you want to report domain(s) that have been hijacked.

• When you last registered or renewed the domain;
• When you last had the domain under your control;
• When you originally registered the domain;
• When you found out it had been stolen from you;
• Whether or not you know or can name the person who is now in control of the domain;
• The statement: “I have a good faith belief that the domain in question has been unlawfully removed from my control and the current registrant obtained the domain through fraudulent means.”
• Once we have received your complaint, an investigation will commence and you will be informed of the outcome within 5 business days.

In order to process your claim, please email all the above in PDF format to legal@letsbrand.com.
If you have any other proof to strenghten your claim, f.e. invoices, other information et. cetera., please upload them with your claim.

LET’S BRAND | FEEDBACK POLICY FORM

Lastly amended: March 1st 2017

[easy-contactform id=4270]

LET’S BRAND | INTELLECTUAL PROPERTY COMPLAINT FORM

Lastly amended: March 1st 2017

We are not in the position to arbitrate intellectual property disputes, as this is being handle at official courts and via special procedures. As stated in our User Agreement, the domain name owners themselves are responsible for the domain names. As a courtesy to IP rights owners, however, we are willing to perform a limited investigation of reasonable complaints. Our procedure differs depending on the country in which trademark rights exist. Filing a complaint does not guarantee that LETS BRAND will take action to remove the domain name from our domain database or block the domain from the domain parking program. Due to the detail-specific nature of IP disputes, LETS BRAND will not investigate complaints that do not substantially comply with the procedures below. Also keep in mind that LETS BRAND has a special procedure for Brand Protection Services, where we can help you out with the full scope of brand protection and can file the mere cases at the different arbitrary courts regarding infringements. This IP complaint form therefore only is created for filing a complaint if you have discovered a breach on your trademark(s) in regards to domains listed on our network, subsite(s), site(s) or marketplace.

If you are an IP / Trademark rights owner (or represent a rights owner) and have an objection to a domain owner’s use of a term corresponding to your IP rights in a domain name they are listing at LETS BRAND that is consistent with the foregoing, please provide the following information in a signed letter on company or firm stationery:

1. Name of Company
2. Contact information (including email address)
3. List of trademark(s) at issue and the country/countries in which it is registered
4. The specific domain names at issue. Please indicate if your complaint is limited to specific domain name or if it is a general objection to all domain names listed at LETS BRAND containing a term corresponding to the trademarked term.
5. Are you concerned with:
   1. The domain name itself
   2. Parking pages in relation to a domain name
   3. Both?
6. If certain affiliates or partners are permitted to use your trademark in their domain names, please list the company names in your letter.
7. Include the following statement: “I have a good faith belief that use of the trademarks described above with domain names described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law.”
8. Include the statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”
9. Your signature.

Please send this written communication with the above information to the following address:

LETS BRAND B.V.
PO Box 363
4600AJ Bergen op Zoom
(the Netherlands)

The complaint can also be emailed to: legal@letsbrand.com.
Please always included sufficient evidence to cover your complaint.