Terms and Conditions Domain transfer services agreement

Domain transfer services agreement

Updated July 26th, 2023

PLEASE READ THIS DOMAIN TRANSFER SERVICES AGREEMENT CAREFULLY. By using the domain transfer services (the “Domain Transfer Services”) made available by Marcaria via its Website, you agree to the following provisions governing such use (the “Domain Transfer Services Agreement”). The Domain Transfer Services Agreement is a binding legal contract entered into by you and Marcaria.  Both you and Marcaria may be referred to herein individually as a “Party”, and collectively as the “Parties”.  You may be referred to herein as “you”, the “User”, and “Client”.

1. INCORPORATION BY REFERENCE. The terms of the Marcaria Terms and Conditions are hereby incorporated by reference herein.  In addition, the terms of the Marcaria Domain Name Services Agreement are hereby incorporated by reference herein, with references to Domain Name Services amended to Domain Transfer Services instead, except for the following sections of the Domain Name Services Agreement: 1 and 8.1. Should any conflict arise between the Marcaria Terms and Conditions, the Domain Name Services Agreement, and this Domain Transfer Services Agreement, this Domain Transfer Services Agreement shall control solely with respect to the Domain Transfer Services.  With regard to any such conflict, in all other respects other documents shall prevail.  As incorporated herein, all references to “Agreement” within the Marcaria Terms and Conditions shall be interpreted to include this Domain Transfer Services Agreement.

2. THE SERVICE.

2.1. Domain Transfer. Marcaria’s Domain Transfer Services allow you to transfer domain names to or from Marcaria from/to other domain providers.  Such transfers shall be subject to the applicable Registry Policies.  Marcaria adheres to ICANN’s transfer policies for all gTLDs under their sponsorship.

2.2. Obligations Upon Transfer Out. If you are subscribed to Trustee Services or other services from Marcaria tied to a domain name that you are transferring to another domain provider, Marcaria may cancel all such services at its sole discretion. You shall be required to replace any of our information, documents, and Trustee information and/or documents associated with such domain names with your own information, before we approve the transfer. You acknowledge that when cancelling these services, this action may qualify as an ownership change or other update to the domain name which may incur additional fees or require you to renew the domain name with us prior to transferring the domain name to another registrar. There will be no refunds for Trustee Services that do not last for the entire originally elected duration.

2.3. Transfer Prohibited Upon Registration. For security reasons, gTLD domain names are set in “clientTransferProhibited” status upon registration, unless instructed otherwise by the registrant.

2.4. Limitation of Liability. Marcaria shall have no liability for the failure of a transfer, or loss of your domain for causes outside of Marcaria’s control, including but not limited to in the following circumstances: 

  • a. The transfer is initiated within thirty (30) days of the end of the registration term;

  • b. The transfer is not approved by the registrant or administrative contact of the domain name;

  • c. Fees remain unpaid or are in dispute; and

  • d. Other reasons outlined in ICANN or the Registry’s transfer policies.

2.5. Transfer Times. Transfer time frames vary for several reasons, including according to the domain extensions, and Registries.

2.6. Modification. Marcaria may modify these services at its sole discretion, including but not limited to by removing them or otherwise making them unavailable.

2.7. Additional Documents. You agree to provide and/or execute any additional documentation required for the successful completion of the Domain Transfer Services. You agree to provide duly executed, notarized, legalized originals, as required, at your own expense.

3. DOMAIN TRANSFER FROM MARCARIA.

3.1. Upon successful transfer of the domain name from Marcaria, we will no longer be the registrar of record and will not have any control of the domain name. You will remain the registrant at your new registrar and must contact them for additional assistance.

3.2. Transfers may only be initiated once you have removed Marcaria’s Trustee Service and replaced it with your own (if applicable), and you have approved the transfer via email.

3.3. You understand that if a domain name has been recently renewed or the Registry’s terms and conditions state otherwise, there is a potential the recent renewal year may be lost when transferring from Marcaria. You understand that Marcaria is not responsible for the lost year and will not credit your account or otherwise refund any fees should this occur.

3.4. You understand that Marcaria may reject the transfer of your domain name from Marcaria under certain circumstances as defined by ICANN.

3.5. Please note that after you transfer your domains out of Marcaria our free DNS services will cease to work, including but not limited to A/MX/CNAME records, email and URL forwarding, and hosting or Google Apps integration. We will also deactivate this domain in our system so that you will not receive any future expiration reminders from Marcaria regarding this domain.

3.6. Your domain should also not be close to expiring as the transfer could be denied for this reason.  If this is the case, we recommend that you renew your domain and then continue with the transfer. For generic domains, Registry policies disallow transfers within the first 60 days of registration. If your domain was registered within the last 60 days, you will have to wait prior to its transfer.

3.7. Once Marcaria delivers Authcode information, Marcaria cannot respond to requests related to your domain. If you no longer wish to transfer your domain, you must report it to block the domain again and change the Authcode.

4. DOMAIN TRANSFERS TO MARCARIA.

4.1. Upon successful transfer to Marcaria, we shall become the registrar of record. You, or your designated trustee, will become or remain the registrant. Your registration will automatically be extended for at least one year (or more years upon request).

4.2. Upon successful transfer to Marcaria, you will be able to initiate renewals, modify DNS, and perform other functions with respect to the domain name that are available to you as the registrant.

4.3. Transfers shall only be initiated after payment has been made.

4.4. You understand that recent renewal years may be lost when transferring your domain.  Marcaria shall not be responsible for any such lost renewal years.

5. TERM AND TERMINATION. 

5.1. Term. This Domain Transfer Services Agreement shall be effective from the moment you first access the Domain Transfer Service and shall continue in effect until all Domain Transfer Services are complete. Any provision within this Domain Transfer Services Agreement that must survive its expiration or termination to serve its essential purpose shall do so.  In addition, the following sections shall survive the termination or expiration of the Domain Transfer Services Agreement: 2.2, 2.4, 2.6, 3.1, 3.3, 3.4, 3.5, 3.7, 4, and 5.