Terms and Conditions

ADUA.CA Terms and Conditions

1. Introduction

Welcome to ADUA.CA. These Terms and Conditions govern the use of our website and services. By accessing or using our services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must not use our services.

2. Definitions

“ADUA.CA” refers to our company, including its employees, agents, and representatives.
“Client” refers to any individual or entity using the services provided by ADUA.CA.
“Services” refer to domain registration, web hosting, website maintenance, and other services offered by ADUA.CA.
“Agreement” refers to the contractual agreement between the Client and ADUA.CA, which may be implicit or explicit based on service usage and payment.
“Prior Registrar” refers to the previous owner or manager of the domain before it was acquired by ADUA.CA.

3. Services Provided

ADUA.CA offers a range of services via a 3rd party including but not limited to:

Domain registration and management
Web hosting
Website maintenance
Digital marketing
Content creation and curation
Security solutions
Social Media Marketing

The services provided to the Client will be detailed in a separate service agreement and viewed here where applicable.

4. Fees and Payment

Service Fees: All fees for services are detailed in the service agreement or renewal notices and are subject to change with notice.
Payment Terms: Payment for services must be made in advance unless otherwise agreed upon in writing.
Late Payments: Late payments may incur additional charges and interest as specified in the service agreement or renewal notice.
Suspension of Services: ADUA.CA reserves the right to suspend services if payment is not received within the specified timeframe. Reconnection Charge: In the event of service disconnection due to non-payment, a reconnection charge of $50 will be applied to restore the service. This fee covers the administrative and technical costs associated with the reconnection process.
Meeting Charges: If a meeting is scheduled and confirmed, a fee may be applied based on the tier or level of hosting services provided. The normal fee for such meetings is $50 per hour plus applicable taxes; however, our clients receive a discounted rate of $35 per hour plus applicable taxes. The $35 fee will be charged whether the full hour is utilized. This charge covers the administrative and operational costs associated with organizing and conducting the meeting. Examples of why we charge this fee include administrative costs, preparation time, and operational costs.
Administrative Costs on Renewal: An administrative cost of $15 plus applicable taxes will be included on the renewal fee. This covers the administrative efforts required to process renewals efficiently.
Service and Administration Charges: Any services or administrative tasks performed by ADUA.CA, depending on the tier or level of hosting services, will be charged at the discounted rate of $35 plus applicable taxes per hour. If the work exceeds one hour, the client will be charged for an additional hour. If the work performed is less than an hour, the client will still be charged for the full hour. This policy ensures that we can cover the costs of preparation, execution, and any additional resources required to provide high-quality service.

5. Domain Registration and Management

Ownership: The Client retains ownership of the domain name, provided all fees are paid in full.
Third-Party Registrars: Domain names are registered with third-party registrars, such as GoDaddy, and are subject to their terms and conditions.
Acquired Domains: In cases where ADUA.CA acquires domains from a prior registrar, clients using these domains will be notified and subject to ADUA.CA’s Terms and Conditions.

6. Domain Transfer Fees

Transfer Fee: A standard domain transfer fee of $142.37, including applicable taxes, applies to cover administrative costs.
Pre-Payment Requirement: The transfer fee must be paid in full before the transfer can be initiated.
ICANN Compliance: According to ICANN regulations, domain transfer requests must be processed within five calendar days. Transfer requests cannot be denied due to non-payment of the transfer fee, but services can be suspended if fees are not paid.
Legal Action for Non-Payment: If the transfer is completed and the fee is not paid, ADUA.CA reserves the right to pursue legal action or debt collection to recover the owed amount.

7. Client Responsibilities

Accurate Information: The Client must provide accurate and up-to-date information for domain registration and other services.
Compliance: The Client must comply with all applicable laws and regulations, including ICANN policies.
Use of Services: The Client agrees not to use ADUA.CA’s services for any unlawful purposes or in a manner that could damage, disable, overburden, or impair ADUA.CA’s infrastructure.

8. Dispute Resolution

Negotiation: In the event of any dispute arising from or in connection with the service agreement, both parties agree to first attempt to resolve the dispute through amicable negotiation.
Mediation: If the dispute cannot be resolved through negotiation within 30 days, either party may refer the dispute to mediation.
Legal Action: If the dispute is not resolved through mediation, the parties may seek resolution through the court system. Any legal proceedings shall be conducted in the jurisdiction specified in Section 9 (Governing Law).
Payment Disputes: In case of a dispute over payment, ADUA.CA reserves the right to:
- Suspend services until the dispute is resolved.
- Pursue legal action or debt collection to recover the owed amount if the dispute is not resolved amicably.

9. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of Windsor, Ontario, Canada.

10. Changes to Terms and Conditions

ADUA.CA reserves the right to revise these Terms and Conditions at any time. Clients will be notified of any changes, and continued use of the services will be deemed acceptance of the revised Terms and Conditions.

11. Contact Information

For any questions or concerns regarding these Terms and Conditions, please contact us at:

Email: support@adua.ca

ADUA.CA Domain Transfer Policy and Legal Obligations

Effective Date: August 2021

1. Legal Obligations When Transferring a Domain

As a domain registrar and service provider, ADUA.CA adheres to the regulations set forth by the Internet Corporation for Assigned Names and Numbers (ICANN) regarding domain name transfers. Our legal obligations include:

Compliance with ICANN Regulations: We must ensure that all domain transfers comply with ICANN’s Transfer Policy, which includes validating transfer requests and ensuring proper authorization.
Transfer Authorization: We are required to obtain explicit authorization from the domain’s registrant or their authorized representative before initiating a transfer.
Provision of Transfer Codes: Upon receipt of a valid transfer request, we must provide the necessary transfer codes (e.g., EPP/Auth code) within five (5) calendar days.
Transparency and Notification: We must notify the registrant of the transfer request and provide details of the transfer process and any associated fees.
Handling Disputes: We are obligated to address and resolve disputes related to domain transfers in accordance with ICANN’s Transfer Dispute Resolution Policy.

2. Identifying and Verifying the Domain Registrant

In cases where the person requesting the domain transfer is not the registrant listed in the WHOIS database, or if the request comes from an employee, we follow a stringent verification process:

WHOIS Lookup: Perform a WHOIS lookup to identify the registered domain owner (registrant).
Verification of Authority: If the request is made by someone other than the registrant, such as an employee, we require additional documentation to verify their authority to act on behalf of the registrant.

3. Documentation Required for Transfer Requests by Employees or Third Parties

To ensure the legitimacy of a domain transfer request made by someone other than the registrant, the following documents are required:

Letter of Authorization (LOA): A formal Letter of Authorization from the registrant, on company letterhead if applicable, granting the requesting individual permission to transfer the domain. The LOA must include:
- The domain name(s) to be transferred.
- The name, contact information, and signature of the registrant.
- The name and contact information of the authorized representative.
Company Identification: If the registrant is a company, a copy of the company’s identification, such as business registration documents, must be provided.
Personal Identification: A copy of the personal identification of both the registrant and the authorized representative (e.g., government-issued ID).

4. Sample Letter of Authorization (LOA)

Below is a sample template for the Letter of Authorization:

[Company Letterhead, if applicable]

Date: [Date]

To Whom It May Concern,

I, [Registrant’s Full Name], the registered owner of the domain [domainname.com], hereby authorize [Authorized Representative’s Full Name] to act on my behalf regarding the transfer of this domain to a new registrar.

Domain Name: [domainname.com]

Authorized Representative:

Name: [Authorized Representative’s Full Name]
Contact Information: [Authorized Representative’s Contact Information]

I confirm that the above-mentioned representative has the authority to make decisions and perform all necessary actions to complete the domain transfer process.

Registrant’s Information:

Name: [Registrant’s Full Name]
Contact Information: [Registrant’s Contact Information]

Signature: ________________________

Printed Name: [Registrant’s Full Name]

Date: [Date]

5. ADUA.CA’s Right to Deny Transfer Requests

While we strive to facilitate domain transfers in accordance with ICANN regulations, ADUA.CA reserves the right to deny transfer requests under the following circumstances:

Incomplete or Invalid Documentation: If the required documentation is incomplete, invalid, or not provided in a timely manner.
Outstanding Fees: While non-payment of transfer fees cannot be used to deny a transfer, other outstanding service fees may be pursued through appropriate legal channels.
Disputes and Legal Actions: If there is an ongoing dispute or legal action related to the domain, we may temporarily halt the transfer process until the dispute is resolved.

6. Contact Information for Domain Transfer Inquiries

For any inquiries or to submit documentation for domain transfer requests, please contact us at:

ADUA.CA Support Team
Email: support@adua.ca