Registrar contract

Punktum dk’s terms and conditions for Registrars pursuant to Section 13 (3)

Version 6.1, April 2023

Content

1. Contract parties and scope

2. Application and agreement on the right of use to a Domain Name

3. Managing a Domain Name on behalf of a Registrant

4. Name server administration

5. Registrar list

6. Punktum dk’s release of data

7. Punktum dk’s IT support

8. Information security

9. Personal data protection

10. Confidentiality

11. Registrar’s payments to Punktum dk

12. Controls

13. Termination of the Contract

14. Transfer of the Contract

15. Cancellation of the Contract

16. Compensation

17. Applicable law and venue

18. Signing of the Contract

19. Languages

1. Contract parties and scope

1.1 On behalf of Dansk Internet Forum (DIFO), Punktum dk administers second-level domain names under the .dk domain (hereinafter “Domain Name”) by appointment of the Danish Business Authority and on behalf of the Danish state.
 
1.2 Registrar is a legal person that sells the right of use to Domain Names and may manage Domain Names on behalf of Registrants pursuant to the Contract.

1.3 Punktum dk and Registrar are obliged to inform each other of changes to the information about the parties that is stated in the Contract when such changes occur.

1.4 The Contract sets out conditions for the collaboration between Punktum dk and Registrar, including 

  • selling Domain Names, i.e., processing applications for Domain Names and conclusion of agreements on the right of use to Domain Names, and
  • manage the administration of Domain Names on behalf of Registrants.

1.5 The Contract is subject to Terms and conditions for the right of use to a .dk domain name in force at any time.

1.6 The parties have the right to use each other’s name and logo in connection with loyal marketing of their own services and activities. The parties must use the materials made available by the other party whose name and logo are used for marketing purposes. 

2. Application and agreement on the right of use to a Domain Name

2.1 Registrar has the right to receive applications for a Domain Name from a legal or natural person who wants to obtain the right of use to a Domain Name (hereinafter “Applicant”).

2.2 Registrar has access to electronically enquire and receive replies from Punktum dk as to whether a requested Domain Name is available for registration.
 
2.3 Registrar electronically transfers an application for a Domain Name to Punktum dk, along with the following information:

  • The Domain Name applied for.
  • The registration period, i.e., how long the application seeks to register the Domain Name (the registration periods that are available to an Applicant are stated on Punktum dk’s website).
  • The names of at least two authoritative name servers that are registered with Punktum dk.
  • Choice of management arrangement, cf. section 3.1
  • The Applicant's correct contact information, i.e., name, address, telephone number and email address.
  • CVR number if Applicant is a legal person with residence in Denmark.

In addition, if the application concerns a Domain Name that Punktum dk has offered separately to the Applicant, Registrar must disclose an associated code issued by Punktum dk.

2.4 Punktum dk may conclude an agreement with an applicant on the right of use to a Domain Name based on the information specified in section 2.3 if the Domain Name applied for is not already registered or suspended and the stated authoritative name servers are registered with Punktum dk.

2.5 Registrar assists Punktum dk with conclusion of an agreement on the right of use to the Domain Name by presenting Applicant with the following in a single format on its website:

  1. Specification of the Domain Name applied for and Applicant’s name and address, which must be identical with the information specified pursuant to section 2.3.

  2. Punktum dk’s name and address.

  3. A text written by Punktum dk, containing information about:
    -    The most significant characteristics regarding the right of use to a Domain Name, including on the termination of the right of use.
    -    Payment obligation.
    -    Information that, pursuant to the Danish Consumer Contract Act, Applicant has no right of withdrawal.
    -    Other conditions of significant importance to the agreement. 

  4. Static link to Punktum dk’s applicable “Terms and conditions for the right of use to a .dk domain name”.

  5. Static link to Punktum dk’s applicable personal data policy.

  6. A function whereby Applicant gives its acceptance of the agreement on the right of use to the Domain Name and thereby to become Registrant of the Domain Name in question.

When Applicant has accepted the agreement on the right of use to the Domain Name, Registrar must immediately give notice thereof including information about the correct time for acceptance to Punktum dk in the manner specified by Punktum dk. 

Registrar must, upon request, be able to provide documentation to Punktum dk that acceptance of an agreement on the right of use to the Domain Name has been obtained from an Applicant for up to one year from the time at which the acceptance was given. 

2.6 If Registrar only forwards an application for a Domain Name to Punktum dk, Registrar must present Applicant with a text written by Punktum dk about the requirement of subsequently entering into an agreement on the right of use to the Domain Name prior to sending the information listed in section 2.3 to Punktum dk. 

Registrar reimburses Applicant’s fee if Applicant for any reason does not conclude an agreement with Punktum dk on the right of use to the Domain Name.

3. Managing a Domain Name on behalf of a Registrant

3.1 Registrar may in agreement with a Registrant assist in managing a Domain Name in one of two possible ways:

  1. By agreement with Registrar the Registrant authorizes Registrar to take certain actions on behalf of the Registrant (hereinafter “Registrar Management”), which collectively include:
    • Make payments to Punktum dk in connection with a conclusion of an agreement on the right of use to a Domain Name and the renewal and extension thereof, and with a restoration of a Domain Name, which has been suspended, where this is possible according to Terms and conditions for the right of use to a .dk domain name.
    • Update the Registrant’s contact information: Email address, telephone and telefax number and specified contact person if the Registrant is resident in Denmark and in addition postal address if the Registrant is resident outside Denmark.
    • Manage name servers: Secure connection of at least two authoritative name servers, change name servers, attend to security measures, including about DNSSEC, register name servers under the Domain Name and optionally provide name server service.
      Carry out a name transfer of a Domain Name. The provision of this service only takes effect at a time determined by Punktum dk and notified at least 14 days.
    • Terminate the Registrant’s agreement on the right of use to the Domain Name.
       
  2. The Registrant may take certain actions himself to manage the right of use to a Domain Name or by agreement let Registrar assist (hereinafter “Registrant Management”). This assistance includes the following:
    • Registrar may be appointed billing contact for the Registrant's Domain Name, which means that Punktum dk issues invoices to Registrar.
    • Registrar may be appointed proxy for the Registrant to act on behalf of the Registrant to a limited extent, which includes: Initiate change of name servers, attend to security measures, including about DNSSEC, change the registration period for a Domain Name, replace the billing contact for the Registrant’s Domain Name etc. 
    • Provide name server service and attend to security measures, including DNSSEC.
      The billing contact’s and the proxy’s options to act on behalf of the Registrant, cf. section 3.1, no. 2, are described in more details on Punktum dk’s website.

3.2 With an agreement pursuant to section 3.1 Registrar must ensure the existence of specific, informed, explicit, and verifiable consent from a Registrant.

3.3 Prior to obtaining consent, cf. section 3.2., Registrar must ensure that the Registrant is clearly and unambiguously presented with a text approved by Punktum dk, explaining the following: 

  1. The Registrant’s right to Registrar Management, including what Registrant Management means, and how the Registrant’s consent to this can be revoked by using the IT system provided by Punktum dk. 
  2. The Registrant’s right to appoint Registrar billing contact and proxy for the Registrant, including what this means, and how the Registrant’s consent to this can be revoked by using the IT system provided by Punktum dk.

Punktum dk notifies Registrar three months prior to any amendment of approval requirements to the text.

3.4 Registrar must, upon request, be able to provide documentation to Punktum dk of the existence of consent from a Registrant, cf. sections 3.2 and 3.3.

3.5 Registrar and the Registrant shall determine the terms and conditions for the management of the Domain Name under the agreement pursuant to section 3.1, including about termination of the agreement.

With Registrar Management it must also be ensured:

  • That the Registrant may at any time without conditions change to Registrar Management by another Registrar or change to Registrant Management of the Domain Name.
  • That Registrar at any time may change to Registrant Management of a Domain Name.

4.1 With Registrar Management Registrar must ensure that at least two authoritative name servers registered with Punktum dk are connected to a Domain Name. Registrar can ensure this by using own name servers or a third party’s name servers.

Registrar must inform Punktum dk in the manner specified by Punktum dk of changes to connected authoritative name servers registered with Punktum dk.

A Registrar using own name servers must offer name server service. This includes registration and maintenance of name servers with server name and IP address, Registrar's company name, CVR number, address, and telephone number as well as the name and email address of the contact point at the Registrar in the system provided by Punktum dk.

4.2 With Registrant Management Registrar may offer name server service as described above. However, this does not apply if the Registrant arranges a change of name servers.

4.3 Punktum dk is required to secure Domain Name System Security Extensions (DNSSEC) in its systems so that they provide quick and easy access to the Registrar's DNSSEC signing of Domain Names under .dk

4.4 Registrar must offer DNSSEC signing to Registrants to which Registrar offers name server service. This includes as long as Registrar has an agreement with the Registrant on DNSSEC on the Domain Name:

  • Generating key sets (private and public encryption key) for use with DNSSEC.
  • Registration of a public encryption key in Punktum dk’s system in the manner specified by Punktum dk.
  • Publishing one or more public encryption keys in DNS.
  • Generating and publishing signatures whose content is encrypted by using encryption keys.
  • Maintenance of encryption keys

Registrar must inform the Registrant of where DNSSEC signing can be made, if Registrar does not offer name server service and thus cannot offer DNSSEC signing.

4.5 Regardless of section 4.4, with Registrar Management Registrar must ensure that one or more public encryption key is registered in Punktum dk’s system.

5. Registrar list

5.1 Punktum dk publishes a registrar list on its website, where Registrar has the right to the presentation of information about its services for Registrants in a form specified by Punktum dk.
  
5.2 At Punktum dk’s request, Registrar must provide documentation that its own information on the registrar list is correct. If Registrar’s information is incorrect, it will not be published on the list.

6. Punktum dk’s release of data

6.1 Punktum dk may release or give access to a Registrant’s contact information and any other information related to the Domain Name to Registrar if:

  • Registrar is managing the Domain Name on behalf of the Registrant in connection with Registrar Management.
  • Registrar, by agreement with the Registrant, has been appointed billing contact or proxy for the Registrant.

Information about the Registrant and the Domain Name can only be released or given access to Registrar for the period where Registrar has or has had an agreement with the Registrant.

6.2 Registrar has the right to access a complete list of Domain Names registered at Punktum dk (hereinafter “the Domain List”). 

6.3 Registrar must not disclose the Domain List to third parties and use the Domain List for other purposes than to conduct its business as Registrar. 

6.4 Punktum dk may close Registrar’s access to the Domain List if Registrar discloses or uses the Domain List in violation of section 6.3.

6.5 Punktum dk may release or give access to contact information about Registrar and other information related to a Domain Name to the Registrant of the Domain Name in relation to the period he or she has been Registrant of the Domain Name.

6.6 Punktum dk may release or give access to information about a Registrar to other natural and legal persons who have a right to such release in pursuance of Danish legislation.

6.7 With Registrar Management Punktum dk may release information about who is Registrar of a Domain Name to other natural and legal persons.

7. Punktum dk’s IT support

7.1 Registrar must – when using links and exchanging information with Punktum dk to comply with the Contract – use the links and IT systems specified and provided by Punktum dk.  

7.2 Punktum dk must notify Registrar of planned interruptions in operation of IT systems used by Registrar if the interruption is planned to last more than five minutes.

7.3 Notification of interruptions in operation, cf. section 7.2, is provided to Registrar in the manner prescribed by Punktum dk as follows:

  • one week’s notice for maintenance of an IT system unless the maintenance is justified in need of a security update.
  • three months’ notice for implementation of major changes to an existing IT system.
  • three months’ notice for shutdown of an IT system.

8. Information security

8.1 Registrar takes appropriate technical and administrative security measures for protection of Registrar’s access to Punktum dk’s IT systems used by Registrar. The measures must protect the accessibility and the integrity of the IT systems including that access is not circumvented or otherwise compromised and the confidentiality of Registrar’s login information.

8.2 The parties must notify each other of the name, telephone number and email address of a contact person who may be contacted regarding information security issues.

8.3 The parties inform each other as quickly as possible of a detected IT security incident or remedy of a detected critical vulnerability that has impacted IT systems provided by Punktum dk for use by Registrar.

8.4 Punktum dk is entitled, without notice, to suspend in whole or in part the Registrar's access to Punktum dk’s IT systems if this is necessary to handle a security incident. Punktum dk may maintain such an interruption until the Registrar has taken appropriate technical and administrative measures to rectify conditions that enabled the security incident.

9. Personal data protection

9.1 According to the Contract, the parties process personal data about Registrants, cf. section 2.3, as well as about contact persons employed by the parties.

9.2 Transfer of Registrants' personal data between the parties is necessary for the purpose of entering into and fulfilling the Contract.

9.3 Registrar is data controller for the personal data that the Registrar collects from a Registrant. Upon transfer of this personal data to Punktum dk, Punktum dk becomes data controller as well.

Registrar is also data controller for the personal data that Registrar collects from Punktum dk.

9.4 Both parties are individually data controllers and are thus each responsible for their own processing of Registrants' personal data in accordance with the personal data regulation in force at any time, to which the parties are subject.

10. Confidentiality

10.1 The parties must observe unconditional secrecy about all the other party’s confidential information that comes to the knowledge of a party. The Parties are permitted to provide information on registrants solely for the purpose of updating a WHOIS database or equivalent database in accordance with industry standards or regulations thereon and considering Section 9 of the Contract.

10.2 The parties may only process the other party’s confidential information that is exchanged as part of the compliance of the Contract. 

10.3 Confidential information includes all information about circumstances of a party, e.g., processes, systems, contractual relationships, customer data, know-how, employee relationships, intellectual rights, or the like, whether the information is written, spoken, electronic or via another medium or format. Confidential information does not include information which, at the time when a party has gained such information, must be regarded as generally known, or which later becomes generally known without this being due to a breach of the obligation of confidentiality under the Contract.

10.4 The obligation of confidentiality also applies after the termination of the Contract, regardless of the reason for termination.

11. Registrar’s payments to Punktum dk

11.1 Registrar pays an annual registrar fee of DKK 7,500 without VAT to Punktum dk for the right to sell Domain Names. The registrar fee must be paid in advance.

11.2 The amount of the registrar fee is based on cost coverage of Punktum dk’s activities relating to registrars. On this basis, Punktum dk may change the fee by addendum to the Contract with a notice of three months.

11.3 Upon termination of the Contract, there will be no refund of already prepaid registrar fee, cf. section 11.1, by the Registrar.  

11.4 For any payment for which Registrar is liable, cf. section 3.1, Registrar must pay Punktum dk an amount in accordance with Punktum dk’s list prices for fees published on Punktum dk’s website.

11.5 Registrar’s payment, cf. sections 11.1 and 11.4, is made through Registrar’s prepaid account with Punktum dk from which Punktum dk is entitled to withdraw an amount owed to Punktum dk.

11.6 Registrar is obliged to ensure that the amount owed on the account is covered at all times, as long as the Contract is valid.

11.7 Punktum dk does not pay interest on Registrar’s balance on the prepaid account.

11.8 If Registrar does not have cover on the prepaid account, Punktum dk may with immediate effect terminate Registrar's access to sell Domain Names, cf. section 2, until Registrar has paid into the account an amount, which as a minimum equals the amount owed.

11.9 If the Registrar's prepaid account is unduly over drafted and the Registrar does not pay the amount due within 15 days, Punktum dk may cancel the Contract.

11.10 Punktum dk lays down detailed rules for the calculation of amounts owed by Registrar to Punktum dk.

11.11 Registrar must secure payment to Punktum dk for a Domain Name, cf. section 3.1, prior to Registrar's possible change to Registrant Management of the Domain Name if Registrar has already received payment from the Registrant of the Domain Name.

12. Controls

12.1 Punktum dk may perform controls of compliance with Registrar’s obligations under the Contract. 

12.2 For control purposes, Punktum dk may require Registrar to provide information and written documentation Punktum dk deems relevant pursuant to the Contract within 14 days. Such information and documentation must be in Danish or English.

If the information and documentation that Punktum dk requires to be provided relates to control of compliance with the Registrar's obligations under section 8 of the Contract, Punktum dk shall set an appropriate deadline, but at least 8 hours.

12.3 The deadline for providing this information and documentation may be extended if Punktum dk finds specific reason to do so. 

12.4 The results of Punktum dk’s controls will be reported to Registrar.

12.5 If Punktum dk decides that Registrar is not in compliance with its obligations under the Contract, Punktum dk will give Registrar 14 days to rectify this non-compliance and send documentation of this remedy to Punktum dk. This does not apply where section 15.1 is applicable.

 If the matter to be rectified relates to compliance with the Registrar's obligations under section 8 of the Contract, Punktum dk shall set an appropriate deadline, but a minimum of 8 hours.

12.6 Punktum dk will give Registrar a written warning if Registrar does not provide information and documentation requested by Punktum dk, or if Registrar does not comply with its obligations after expiry of the remediation period. 

Punktum dk sends a warning to the Registrar by the contact person and via his e-mail address as provided by the Registrar.

13. Termination of the Contract

13.1 The Contract is valid until one party’s written termination of the Contract. For Punktum dk, the term of notice is 3 months, and for Registrar the term of notice is with immediate effect as of Punktum dk’s receipt of notification of termination from Registrar.

13.2 On notification of termination of the Contract, Registrar’s and Punktum dk’s contractual rights and obligations cease. Any due payments remain to be made.

14. Transfer of the Contract

14.1 Registrar may not without the consent of Punktum dk transfer the Contract and its rights and obligations pursuant to the Contract to a third party.

14.2 In the event that Punktum dk’s function as administrator of Domain Names ceases, Punktum dk is obliged and entitled to transfer the Contract to a new administrator without prior consent from Registrar.

15. Cancellation of the Contract

15.1 If a party commits material breach of the Contract, the other party is entitled to cancel the Contract with immediate effect. Circumstances considered as constituting material breach include:

  • Registrar goes bankrupt.
  • Registrar has not paid the amount owed, cf. section 11.9.
  • Registrar receives 3 notices, cf. section 12.6, within a 3-year period.
  • One party commits fraud against the other party.

16. Compensation

16.1 The parties are liable to each other in accordance with the standard compensation rules of Danish law.

16.2 The total liability in damages between the parties within the Contract is limited to DKK 100,000 per injurious action. 

16.3 The parties are not liable in damages within the Contract for losses due to 

  • indirect circumstances, such as lost earnings, loss of data and the like, and
  • force majeure.

Punktum dk is not liable in damages within the Contract for losses due to

  • Punktum dk’s decision to reject an application for the right of use to a Domain Name,
  • Punktum dk’s decision to delete or suspend a registration of a Domain Name, 
  • incorrect information given to Punktum dk by Registrar or others, including contact details of the Registrant, and
  • the Registrant’s inability to perform data and identity checks with Punktum dk in accordance with Punktum dk’s rules on such verification.

17. Applicable law and venue

17.1 This Contract is subject to Danish law.

17.2 Any disagreement or dispute between the parties regarding the interpretation and scope of the Contract will be settled in Copenhagen District Court with the possibility of appeal to Eastern High Court in Denmark.

18. Signing of the Contract

18.1 The Contract is signed electronically by both parties.

19. Languages

19.1 This Contract exists in Danish and English. In the event of inconsistencies between the two versions, the Danish version is valid.