DOMAIN NAMES SPECIAL TERMS

These Domain Name Specific Terms ("Domain ST") supplement Winheberg's General Terms of Use and Sale (GTSU). They govern specifically the registration, transfer, renewal and management services for domain names offered by Winheberg.

In the event of a contradiction between the GTSU and these Domain ST, the latter shall prevail for everything concerning domain name services.

Article 1 – Purpose

The purpose of these Domain ST is to define the specific conditions applicable to the registration, transfer, renewal and management of domain names ordered by the Client through Winheberg.

Article 2 – Winheberg's role

Winheberg acts as an intermediary between the Client and the registrar Netim (SAS Netim, https://www.netim.com). Winheberg is not itself a registrar accredited by ICANN or Afnic.

Accordingly:

• Winheberg forwards registration, transfer and renewal requests to the registrar Netim.
• Winheberg does not guarantee the availability of a domain name until the registration has been confirmed by the registrar.
• Technical operations (registration, DNS changes, transfer) are carried out by Netim according to its own timescales and conditions.

The Client acknowledges that Winheberg cannot be held liable for decisions, delays or refusals originating from the registrar Netim, from the registry concerned (AFNIC, Verisign and others) or from ICANN.

Article 3 – Orders and registration

3.1 Ordering procedure

A domain name is ordered online through the Winheberg client area (billing.winheberg.com). The order is validated once payment has been received and confirmed.

3.2 Availability check

The availability check for a domain name on the Winheberg website is purely indicative. A domain name shown as available may become unavailable between the check and the completion of the registration. Where unavailability is established after payment, the Client will be refunded in full.

3.3 Accuracy of information

The Client undertakes to provide accurate, complete and up-to-date information when registering a domain name (name, address, email and so on), in accordance with ICANN policies and those of the registries concerned. Any inaccurate information may lead the registry to suspend or delete the domain name, without any liability on Winheberg's part.

3.4 Provisioning time

Registration of a domain name generally takes effect within a few minutes to 24 hours after payment is confirmed, depending on the registry and the extension concerned. DNS propagation may take up to 48 hours.

Article 4 – Renewal and expiry

4.1 Registration period

Domain names are registered for an initial period chosen by the Client when ordering (generally 1 year). This period depends on the extension chosen and on the rules of the registry concerned.

4.2 Renewal

The Client is responsible for renewing its domain names before their expiry date. Winheberg will send email reminders before expiry, but the Client remains solely responsible for tracking its deadlines.

Renewal may be carried out manually through the Winheberg client area.

4.3 Expiry and grace period

Where a domain name is not renewed by its expiry date:

• The domain name enters a grace period (variable duration depending on the extension, generally 0 to 45 days), during which renewal remains possible at the standard price.
• After the grace period, the domain name may enter a redemption period (variable duration, generally 30 days), during which recovery is possible but subject to additional fees set by the registrar.
• At the end of the redemption period, the domain name is permanently deleted and becomes available for public registration again.

Winheberg cannot be held liable for the loss of a domain name resulting from the Client's failure to renew.

4.4 Post-expiry recovery policy

The policy for recovering domain names after expiry is subject to the rules of the registry and the registrar. The Client is invited to consult the ICANN Expired Registration Recovery Policy.

4.5 Automatic renewal and payment methods

Unless the Client explicitly activates an automatic renewal option in the client area, domain names are not renewed automatically.

Where automatic renewal is activated, the Client remains responsible for the validity of its payment method and for the availability of the necessary funds. In the event of a failed charge or payment, Winheberg cannot be held liable for the expiry, suspension, deletion or loss of the domain name.

Article 5 – Domain name transfers

5.1 Inbound transfer (to Winheberg)

The Client may request the transfer of an existing domain name to Winheberg. The transfer is subject to the following conditions:

• The domain name must not be locked with the current registrar.
• The Client must provide the authorisation code (auth code / EPP code) issued by the current registrar.
• The domain name must have been registered or transferred more than 60 days previously.
• The domain name must not be in an expiry period.

5.2 Outbound transfer (from Winheberg)

The Client may at any time request the transfer of its domain name to another registrar. Winheberg undertakes not to block outbound transfers and to provide the authorisation code on the Client's request through a support ticket.

5.3 Transfer times

Transfer times depend on the extension and the registry concerned (generally 5 to 7 days for generic extensions). Winheberg cannot be held liable for delays attributable to the losing registrar or to the registry.

Article 6 – Client obligations and liability

6.1 Ownership

The Client is the holder (registrant) of the domain name registered through Winheberg. The Client is solely responsible for the choice of domain name and must ensure that it does not infringe third-party rights (trade marks, trade names, copyright and so on).

6.2 Compliant use

The Client undertakes to use its domain names in accordance with applicable law and with the rules of the registry concerned. Using a domain name for unlawful purposes (phishing, spam, identity theft and so on) is strictly prohibited and may lead to suspension of the service in accordance with the GTSU.

6.3 Domain name disputes

In the event of a dispute concerning a domain name (UDRP, Syreli or similar proceedings), the Client is solely responsible for its own defence. Winheberg will comply with the decisions issued by the competent bodies (WIPO arbitration centre, AFNIC and others) and may be required to transfer or suspend a domain name on the decision of such bodies.

6.4 WHOIS and RDAP data

The registration data for the domain name (holder's name, address, email, technical contacts) may be published in the WHOIS and RDAP databases according to the rules specific to each registry and extension concerned.

For natural persons, in accordance with the GDPR, the holder's personal data is generally not published publicly. For legal entities, certain information (name, country) may remain publicly accessible depending on the extension chosen.

The management of WHOIS/RDAP data publication is handled by the registrar Netim in accordance with the policies of each registry. The Client is invited to consult Netim's data protection policy (https://www.netim.com/fr/documents) for any detail concerning the processing and publication of its registration data.

6.5 Prohibition on hosting sensitive data

The Client expressly undertakes not to use its domain names to collect, process or host the following categories of personal data:

1. Health data (Art. L. 1111-2 of the French Public Health Code);
2. Biometric data (Art. 9(1) GDPR);
3. Genetic data (Art. 4(13) GDPR);
4. Data relating to criminal convictions and offences (Art. 10 GDPR);
5. Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or concerning sex life and sexual orientation (Art. 9(1) GDPR).

Where a breach is detected, Winheberg may:

• Immediately suspend access to the domain;
• Terminate the contract without notice or refund;
• Transfer the domain by authority or delist it with the registry where the breach presents a risk to others;
• Report to the authorities (CNIL, law enforcement) where appropriate.

Winheberg cannot be held liable for any damage resulting from the suspension or termination of the domain under this clause.

For sensitive data hosting needs, consult the official list of HDS-certified hosting providers: https://esante.gouv.fr/offres-services/hds/liste-des-hebergeurs-certifies

Article 7 – Winheberg's obligations and liability

7.1 Proper performance

Winheberg undertakes to forward the Client's requests faithfully to the registrar Netim and to inform the Client of any problem encountered during registration, renewal or transfer.

7.2 Limitation of liability

Winheberg cannot be held liable for:

• The unavailability of a domain name sought by the Client.
• Decisions of the registry or the registrar (suspension, deletion, imposed transfer).
• The consequences of a dispute concerning a domain name.
• The loss of a domain name resulting from the Client's failure to renew.
• Damage relating to the interruption of DNS services or to DNS propagation.
• Indirect losses relating to the domain name, in particular loss of email, loss of search engine rankings (SEO), loss of traffic, loss of revenue, loss of customers or damage to reputation.

Article 8 – Pricing

8.1 Prices

Domain name prices (registration, renewal, transfer) are shown on the Winheberg website and may vary depending on the extension chosen. Prices are liable to change in line with the rates applied by the registries and by the registrar Netim.

8.2 Price changes

In the event of a price change, the Client will be informed before the next renewal of its domain name. The Client may then choose not to renew and to transfer its domain name to another provider before expiry.

Article 9 – Technical support

9.1 Access to support

The Client may contact Winheberg's technical support through the client area or by email for any question concerning its domain names.

9.2 Support coverage

Technical support covers:

• Assistance with registering and renewing domain names.
• Provision of authorisation codes for outbound transfers.
• Assistance with basic DNS configuration.

Advanced DNS management (configuring third-party mail servers, DNSSEC and so on) is the Client's responsibility.

9.3 Response time

Winheberg endeavours to respond to requests within an indicative time of 48 hours, Monday to Sunday. This time may vary with request volumes and periods of heavy activity.

Article 10 – ICANN and registry policies

As the holder of a domain name, the Client is subject to the policies established by ICANN (Internet Corporation for Assigned Names and Numbers) and/or by the registry concerned. The Client undertakes to read and comply with them.

Reference documents:

• Registrants' benefits and responsibilities
• Uniform Domain Name Dispute Resolution Policy (UDRP)
• Registrar Transfer Dispute Resolution Policy
• Expired Registration Recovery Policy
• Inter-Registrar Transfer Policy
• Whois Data Reminder Policy

Article 11 – Changes to the terms

Winheberg reserves the right to amend these Domain ST at any time. Changes will be notified by email or through the client area.

For business clients: Changes take effect after a 15-day notice period following their notification.

For consumers: Changes take effect 30 days after their notification. The Client has 30 days to accept the new terms or to transfer its domain name to another provider. Failure to transfer within that period constitutes acceptance of the new terms.

Article 12 – Governing law

12.1 Governing law

These Domain ST are governed by French law. Any dispute shall be submitted to the courts having jurisdiction over Winheberg's registered office.

12.2 Dispute resolution

For business clients: Any dispute relating to these Domain ST shall be submitted to the courts having jurisdiction over Winheberg's registered office.

For consumers: The protective provisions of the French Consumer Code apply. Territorial jurisdiction remains that provided for by the law applicable to consumers.

Consumer mediation: In accordance with Articles L612-1 et seq. of the French Consumer Code, a Consumer Client has the right to use a consumer mediator free of charge to settle a dispute amicably, after having unsuccessfully attempted to resolve it directly with Winheberg. The contact details of the competent consumer mediator will be provided by Winheberg once appointed, in accordance with Article L616-1 of the French Consumer Code. For cross-border disputes, the Consumer may contact the European Consumer Centre France (ECC France): https://www.europe-consommateurs.eu/fr/

The Client undertakes to contact Winheberg's customer service to resolve any disagreement amicably before taking legal action.