These Terms and Conditions set out the way in which Oman Telecommunications Company . SAOG (“Omantel”) will provide Domain Name Registration Services (the “Services”) to you.
In this Registrant Agreement (the “Agreement”) the following words and expressions have the meaning hereby assigned to them ( You ) or (for You) shall refer to the Registrant and ( We ) or ( Us) shall refer to Omantel. Authority means Telecommunications Regulatory Authority (“TRA”)
By signing an application form for the Services (in paper form or on-line), you make an Agreement with us that these Terms and Conditions will govern our relationship. Your use of the Services is also governed by and subject to the Telecommunications Regulatory Authority (“TRA”) regulations, decisions, directives, and guidelines issued from time to time.
- Services supplied
Your Domain Name
- Omantel will provide you with the Services ordered by you as shown on your application form. The Registrant shall provide the minimum information required in the service application.
- We will list the Registration applications that meet the requirements according to the precedence of these applications as per the time and date of submission.
- You may request cancelling a Service within 3 working days from the registration date and we shall refund to you all the registration fees. In all cases, the cancellation is considered effective only after five days from the cancellation request date without being withdrawn, however if the cancellation request is withdrawn during that period, the cancellation request shall be considered null and void.
- Charges will apply for the registration and use of the Services as described in the application form.
- You shall be deemed to have received notices from us regarding this Agreement if we contact the latest email address you have given us. We will also post all changes to our pricing and Terms and Conditions on our website www.omantel.om
- The domain name shall be entered on the register for a minim period of (1) year and shall not exceed (5) years. Renewal for similar period/s may be considered provided that we receive a 90 days’ notice prior to the expiration of the registration or previous renewal.
- In the event the registration of the domain name has been expired without being renewed, the domain name will be suspended for a period not exceeding thirty (30) days during which you may not use it or introduce any amendments thereon. The suspension shall be ceased if you during the aforementioned period take the necessary renewal procedures, however if such period has been expired and no renewal action has been taken, the registration shall be considered null and you have no right to use the domain name save only under a new registration in accordance with the TRA’s Regulations.
Privacy, account details and passwords
- You acknowledge that the domain name is not an item of property accordingly you may not sell, waive, or dispose it in any way except in accordance with the TRA’s Regulations.
- You agree that the Domain Name you want to register complies with all TRA’s Regulations (including but not limited to the Domain Name Eligibility Regulations).
- You agree that:
- all information submitted to register the registration of the domain name are true, complete and correct, and are not misleading in any way.
- the domain name applied for does not interfere with or infringe the rights of any third party with respect to registered trade mark, service mark, trade name or any other intellectual property right.
- the use of the Domain Name shall only be for its own use and for lawful purposes that do not violate public order and prevailing laws.
- You do not have any proprietary right arising from the Domain Name or the entry of the Domain Name in the Registry Database.
Paying for the Services
- You undertake that all information you give to us is correct and complete, and you must notify us if your account details, including change of your email address, and any change on the following:
- Your account details may be used to verify your identity for access to the Services; you must keep your account details safe.
- Your password is confidential to you alone; you must keep it secret. We will not be responsible for any loss you suffer as a result of not keeping your password secret.
- We will only allow access to your account (including making changes to the account) to you as account holder, using your password.
- We reserve the right to disclose your personal account information with the legal and judicial authorities in accordance with the procedures provided in the Laws of Sultanate of Oman. Data obtained from the access will be deleted once the data has served the purpose for which it was obtained.
- You agree to pay the charges for all Services that you order, at the prices and in the manner set out in application form.
Your responsibilities in relation to the Services:
- By agreeing to these Terms and Conditions you acknowledge that Omantel is acting as a licensee by the TRA to provide the Service in accordance with the Registrant Agreement and you particular acknowledge and accept:
- That in no event shall the TRA be liable for any loss, damage or expense arising from or in connection with any breach by Registrar of its obligations under any agreement between Registrar and the Registrant.
- That Omantel has the right and the obligation to disclose to the TRA Registry all information reasonably required to register the Domain Name.
- TRA has the right to publicly disclose to third parties, all information relating to your Domain Name including information to enable the TRA to maintain a public Whols service provided any disclosure is in accordance with the TRA’s Regulations.
- To comply with all TRA’s Regulations at all times. You should review all regulations carefully, including but not limited to:
- Reserved names requirements (clause 5 of TRA’s Resolution No. 119/2012 which explains which Registrations are prohibited)
- Domain Name eligibility criteria (clause 14-22 of TRA’s Resolution No. 119/2012 which sets out the Eligibility Criteria)
- Domain Name Transfer – Change of Registrant (setting the rules for transferring Domain Name Registration)
- Privacy requirements and Whols Data Collection and access to such data (setting out how your data and data relating to your Domain Name will be collected and used)
- Domain Name Renewal, Expiry & ,cancelation & Termination Regulations (setting out the rules for renewal, expiry, cancelation& & Termination)
- Domain Name Dispute Resolution requirements (setting out the rules you and a third party can contest the registration or use of a domain name)
- You agree that you will:
- pay all charges for the Services that you order and/or use
- follow our instructions in respect of the Service
- use the Services responsibly, and in compliance with the laws of the Sultanate of Oman and the TRA’s Regulations
- It is prohibited to use the Service to distribute malware, operation of botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to Oman law
- not resell the Services
- not apply for or use the Services in any way which breaches the intellectual property rights of any third party
- Indemnify Omantel against any loss or damage that Omantel suffers as a result of your failure to comply with this Agreement or with the TRA’s Regulations
- supply further documentation and information that we may request in order to comply with our legal and regulatory obligations
- Notify us in the event of changing your data, with the new data within thirty (30) days of the amendment date, and we shall update that data in the WHOIS Service within five working days of the notification date
- Will be responsible for transferring your Registered Domain Name to a different service provider, in accordance with TRA’s regulations
- Warranties are statements of fact that you declare to be true. By agreeing to these Terms and Conditions you:
- Warrant that you meet, and will continue to meet, the Eligibility Criteria prescribed in the TRA’s Regulations relating to the registration of a Domain name. In the event you no longer meet the Eligibility criteria, your Domain Name Registration may be cancelled
- Warrant, without limitation, that all the information supplied to Omantel for the Registration of the Domain Name is true, complete and correct. Omantel or TRA shall cancel the Registration of the Domain Name if any of the warranties are not true.
- warrant that you have not previously submitted a Domain Name with another Registrar which is the same as the Domain Name you are now submitting to Omantel where: (a) you are relying on the same Eligibility Criteria for both Domain Names and (b) the Domain Name has been previously rejected by the other Registrar.
Domain Name Cancellation
- If you want to transfer sponsorship of your Domain Name to a different registrar (other than Omantel) we will assist you to do so in accordance with TRA’s Regulations without incurring additional charges on your part. We shall decide over the transfer request within (3) days from the date of receipt and we shall inform you of our decision accordingly.
- Omantel may make changes to its Services (including withdrawal of a Service subject to TRA approval in which case Omantel will assist you in transferring your registration to another Registrar), or to its prices and Terms and Conditions in accordance with the regulations established from time to time. Omantel will give you 20 days’ notice of any alteration to its prices (unless the change is a reduction in prices for the Services, in which case less notice may be given) and 15 days’ notice of any non-price related changes which will affect you. Your continued use of the Services after such notice will be construed as an acceptance of such changes. If you do not accept a change, you must contact us within (7) days to cancel that Service or transfer to another Registrar without any additional charges on Omantel’s part.
Transferring this Agreement
- When we are informed that the entity that held the Domain Name registration no longer exists, we will give notice to the Registrant Contact listed in the Registry Database that the Domain Name Registration is cancelled and the Domain Name will be deleted in 30 calendar days. We will use reasonable commercial endeavors to give notice.
- We may cancel the Domain Name when we are notified that you no longer meet the Eligibility criteria to use the Domain Name. You may submit an appeal to the Authority against this decision within 14 days from the date of suspension or cancellation, however, in the absence of the appeal or if the appeal is rejected, the registration shall be considered terminated.
Circumstances where Omantel can suspend or terminate the Services:
- Under this Agreement, Omantel agrees to provide the Services only to you. You may not transfer this Agreement or an account without Omantel’s prior consent and any transfer must be in accordance with the TRA’s Regulations (please see the Domain Name Transfer – Change of Registrant requirement).
Termination of a Service of this Agreement
- Omantel may suspend or terminate the Services at any time without notice subject to TRA approval in the event that:
- It is shown to us and we have justifiable reason that you are failing to comply with this Agreement in any way (we will reinstate the Service as soon as we are satisfied that this is not the case), in particular where you fail to meet the Eligibility criteria to use the Domain Name
- It is shown to us and we have justifiable reason that unusual or fraudulent activity is occurring on the account (we will reinstate the Service/account as soon as we are satisfied that this is not the case)
- you fail to pay renewal charges
- we are required to do so by any government, regulatory organization, emergency Service, or other competent authority, or TRA.
- you become bankrupt or enter into an arrangement with your creditors (or equivalent legal procedure in any other relevant jurisdiction), or we believe it is likely that you will do so shortly.
- Where we suspend a Service under one of the provisions in this Clause, you shall not be entitled to any refund of the registration fees.
- If you want to terminate a Service you should contact Omantel Call Center. However, all Services must be taken for at least the minimum contract term specified on the application form.
- If you terminate any Service before the end of your minimum contract term for that Service you will be required to pay for that Service until the end of the minimum contract term and we will not refund any charges paid in advance for the minimum contract term.
- If you terminate all Services you have ordered from us, then this Agreement will be terminated automatically, and we will close your account. Upon closure of your account all outstanding charges payable by you will become immediately payable.
- In case of termination of the Accreditation Agreement for any reason stated in the Accredited Registrar Agreement, we shall:
- Immediately cease providing the registration services, and notify you of the termination of the accreditation
- Coordinate with the accredited registrars who are identified by the Authority to complete the transfer your registered domain name in accordance with the instruction of the TRA within 14 days.
If you want to make a complaint
- We will not be liable (whether for breach of contract, negligence or any other liability arising under or in relation to this Agreement) for any actions by us or anyone who works for us, except to the extent that such liability cannot be excluded under Sultanate of Oman law or any TRA’s Regulations.
- We shall not be liable to you for any loss of business, revenue, profits or anticipated savings, data being lost or corrupted, or any indirect or consequential loss suffered by you.
- We shall not be liable to you (a) for the temporary non-availability of our network or the Domain Name registration system, (b) for loss, late receipt or non-readability of any message or communication, (c) for any defects, malfunctions or delays in any way connected with the provision of the Services.
- If we cannot provide the Services for a reason which is outside our control, then we cannot accept any responsibility for such lack of Services.
- This Clause 14 will continue to apply even after this Agreement has terminated.
- If you have a complaint about the Services you should contact our Call Center in accordance with the Domain Name Registration Complaints Handling provisions. We will resolve any complaints quickly and amicably and no later than 15 days from receipt of your complaint. Should the matter remain unresolved after 15 days, you may refer the matter to the TRA.
- This Agreement is governed by the laws of the Sultanate of Oman.
- Any disputes between you and a third party (that is, a party other than Omantel or the TRA) concerning the registration or use of a domain name by you shall be governed by the TRA’s Dispute Resolution Provisions.