Terms & conditions

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General terms & conditions for all services

Welcome to the NewCompany.name website. If you continue to browse and use this website, you hereby agree to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern NewCompany.name’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website and/or services.

The terms ‘NewCompany.name’, ‘NewProduct.name’, ‘Adlervia’, ‘us’ or ‘we’ shall refer to the owner of the website whose registered office is Bytovky 479/1, 018 64 Košeca, Slovak republic, Europe. Our company registration number is 45525587. The term ‘you’ shall refer to a viewer, user or a customer of our website.

We do not warrant that our virus protection services will stop every virus from reaching your computer network. Neither do we guarantee that the service will be error free or free from interruption or failure, and the company expressly disclaims any express or implied warranty regarding the system and/or service availability, accessibility, or performance.

Custom name ordering terms

Custom company or product name shall mean a name prepared especially for a client according to his / her requirements provided in the questionnaire.
In order to get a custom company / product name a 50% upfront payment is required. If cancellation occurs before a name is selected and the naming process started, a cancellation fee shall apply (10%). Once the naming process started, the cancellation fee shall be 50% of the total project cost and no refunds shall be applicable.
If you don’t choose any name from the suggested names, only a sketching fee will be charged (50% paid upfront). In such a case you shall have no right to use any of the suggested names and you shall commit not to publish any of the name suggestions.
Unless both parties agree otherwise, you consent that NewCompany.name is allowed to offer the non-chosen names to sell as ready-made names on the NewCompany.name website.
By ordering a company / product name you agree and take into consideration that the naming process will take time – ranging from 10 to 30 days (depending on current workload). If you need results urgently, you shall make a special arrangement with the NewCompany.name team at info@newcompany.name and pay an extra express fee. We will start to work on a new custom name immediately after receiving your Paypal payment. Simultaneously, you will be informed via e-mail.
If there is a registry we should check the availability of names in, you are required to indicate the name of the registry and its website (with a search engine) in the questionnaire. If you don’t mention any registry, the uniqueness of the concepts will be verified only in the worldwide trademarks registry and on Google.
If you don’t order a domain registration, we guarantee availability of the domain (with preferred suffix) only until the moment of the final delivery of the naming document. If you order a domain registration and choose a concept with a domain that have been registered by the time the name is chosen, you are entitled to an extra concept for free.
After delivery of the final naming document to your e-mail you shall have 5 days to choose one of the concepts or reject all concepts. If you don’t respond to our e-mail alert after expiry of this period, we will consider the naming finished (the sketching fee will be charged) and we shall be entitled to offer all concepts to sell on our NewCompany.name website.
The name you choose shall become your intellectual property after we receive successfully the totality of the sum invoiced. The invoice will be sent to you after completion of the naming process. You shall not use the chosen name unless the total sum is paid.

Ready-made name selling terms

Ready-made company or product name means a name prepared to sell on the NewCompany.name website. If you want to buy one of the ready-made names, you have to pay the full price of the name.
After receiving the payment, we will automatically send you a certificate declaring that you have become the owner of this intellectual property, a file containing the name and the naming concept, and subsequently we will launch the transfer of the domain.
We are buying continually all the domains at GoDaddy.com and afterwards we publish the ready-made names with their respective domains to sell. According to ICANN, we cannot transfer a domain to another registrar for 60 days after its initial registration. Because of this restriction, we will move your domain to a registrar of your choice no sooner than after expiry of this period.
An alternative possibility is to switch the domain to another account at GoDaddy.com – we will offer you this possibility via e-mail after you buy a name, providing more details.
If you buy a ready-made name with a domain which was registered more than 60 days ago, we will activate the transfer immediately after receiving the details of a registrar of your choice.
A ready-made name cannot be sold without its registered domain (the length of this process depends on both registrars).
No possibility of cancellation shall be available. Once you ordered and paid for a name you cannot return it.
Should you find out that the ready-made name you have purchased is already registered as a trademark within two weeks time after the purchase, we commit to reimburse you the total amount paid. In order to activate the reimbursement will need an excerpt from the Trademarks Register or research certified by a lawyer.

Filling the personal / company data by ordering a name

When purchasing a ready made and custom name the Orderer shall commit to fill in the order form at newcompany.name only with truthful personal / company data. Indicating false or non-existent personal / company data shall be regarded as violation of these Terms & Conditions and the entire case might be forwarded to law enforcement authorities.

PayPal payments terms

We have set up an account with PayPal, a secure online way of online payments or paying with your credit cards like Visa or Master Card. In order to pay your upfront payment, please use your PayPal account or your Visa/Master Card through our PayPal account. By clicking the Order / Pay button in the pop-up window, you will be redirected to the PayPal site. After that, follow the PayPal instructions to complete the payment successfully. The amount due on the PayPal invoice is exactly the same as on our invoice sent to you by e-mail in a PDF format. Once we receive the amount in our PayPal account we will send you a notification e-mail on successful receipt of the payment.
We are aware that a credit card can be misused and somebody else can order one of our new company / product names in your name. If this happens, we will refund the whole amount provided that the name wasn’t already registered as a trademark or used in any form in public. To get a refund, you should send us a certificate issued by your bank confirming that your credit card was stolen and misused.

Late payment fee

If you exceed our fourteen (14) days due date, you will be charged a late payment fee of 10.00 € (12.00 $). A revised invoice will be sent to your e-mail address.

Intellectual property rights

All ready-made names offered to sell are the intellectual property of NewCompany.name (Adlervia s.r.o.) until they are sold to somebody. Any abuse of these rights shall be considered a violation of the law. In case of breach we shall proceed according to applicable legislation of the Slovak republic (European law).
The property of NewCompany.name (Adlervia s.r.o.) may not be re-sold, copied or duplicated under any circumstances, without prior permission of NewCompany.name (Adlervia s.r.o.).

Notification of copyright infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, please contact us at info@newcompany.name.

Indemnity

If you use the services provided by NewCompany.name, you accept, that you will bear any losses, costs, proceedings, claims, actions, damages, expenses (incl. reasonable legal costs and expenses), or liabilities in consequence of your breach or non-observance of these terms and conditions

You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of services by us to you and your use of the website, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

Termination of the agreement

We can terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.
We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company and you go into insolvent liquidation, or if you are a person and you are declared bankrupt.

Exclusion and limitation of liability

TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.

In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Notices

Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either e-mail, fax, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by e-mail shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.

Change to terms on renewal

We may change the terms and conditions of this agreement at any time.

Entire agreement

These terms and conditions constitute the entire agreement between us and you, and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of you and NewCompany.name (Adlervia s.r.o.).

Entire agreement, governing law

This agreement shall be governed by the laws in force in the Slovak republic. Both parties hereby submit to the exclusive jurisdiction of the Courts of this state.

Notifications & communications

In addition to general Account, Billing and Service communications, we may, from time to time, send you announcements, newsletters, promotional and seasonal offers. By entering into agreement with these terms and conditions, you agree to receive this kind of e-mail communications.

Privacy policy

This privacy policy sets out how NewCompany.name uses and protects any information that you give us when using this website.
NewCompany.name is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used in accordance with this privacy statement.
NewCompany.name may change this policy from time to time by updating this page. You should check this page on occasional basis to ensure that you agree with all changes. This policy is effective from 23.07.2012.

What we collect
We may collect the following information:

  • name and surname or company name
  • address
  • company registration number and VAT number
  • contact information including e-mail address
  • other information relevant to customer surveys and/or offers

What we do with the information we gather

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional e-mails about new products, special offers or other information which we think you may find interesting using the e-mail address which you have provided.
We do not share any data collected via our website with any third party partners.

Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps to analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.Overall, cookies help us to provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. However, this may prevent you from taking full advantage of the website.

Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Children’s Online Privacy Protection
We do not collect any information from anyone under 18 years of age. Our website, products and services are all directed to people who are at least 18 years old or older.

Controlling your personal information
You may choose to restrict the collection or use of your personal information. If you change your mind at any time and you don’t want us to use your personal information for direct marketing purposes, e-mail us and unsubscribe at info@newcompany.name.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.If you believe that any information we are holding on you is incorrect or incomplete, please write us as soon as possible at info@newcompany.name. We will promptly correct any information found to be incorrect.

All names purchased through newcompany.name are intended for an end consumer and may not be resold. Violation of this point shall be considered as a breach of the Copyright Act and will be attached legal consequences.