1. Definitions

1.1 The “EBS Website” shall mean the relevant local website of eBrand Services, whose address can be, inter alia: www.ebrandservices.com, www.ebrandservices.de, www.ebrandservices.dk, www.ebrandservices.nl, www.ebrandservices.se and www.ebrandservices-fbs.com

1.2 “ccTLD” shall mean any Internet country-code Top Level Domain as displayed in the Internet Assigned Numbers Authority database accessible at www.iana.org. (including, but not limited to .de, .nl, .us...).

1.3 “gTLD” shall mean any Internet generic Top Level Domain as defined by the Internet Corporation for Assigned Names and Numbers (including but not limited to .com, .net, .asia, .biz...).

1.4 An “Extension” shall mean a gTLD or a ccTLD.

1.5 A “Domain Name” shall mean any Internet Domain Name used to access a website and which consists in a series of characters (according to the rules set-out by the relevant Registry) as well as an Extension.

1.6 The “Registries” or the “Registry” shall mean the authority in charge of allocating Domain Names in an Extension of which the management has been delegated to them. Each Registry administers a unique database for the Extension within its purview. The database also contains specific information regarding the Domain Names (accessible using the “whois” service).

1.7 “Fees” shall mean the prices for the Services as set forth in any written agreement between the Customer and EBS.

1.8 “Third-Party Costs” shall mean any costs in addition to Fees required to facilitate a domain transaction, such as costs imposed by a foreign locality for the right to do business in such locality, proxy services, ownership change, or trademark registration.

1.9 The “Registrar” shall designate a company that has been specifically accredited by a Registry to receive and transmit the Customer's request to register or renew one or more Domain Names.

1.10 “Customer Account” shall mean the dedicated environment on the Domain Name management system accessible on EBS Website, which allows the Customer to register and manage Domain Name(s) it holds as well as to submit orders for Services and track their progress.

1.11 “Services” shall mean any of the Services described in this Agreement or in an Quote and offered through the Customer Account, including inter alia, registration, transfers, modifications of one or more Domain Names, Domain Name management services, or other services requested by the Customer and provided by EBS.

1.12 “Transfer” shall mean the service of switching the Registrar of record for a Domain Name from a third party to EBS or one of its partners, or to change any of the contact information associated with a Domain Name in a ccTLD zone to cause the affected Domain Name to be managed by EBS.

1.13 “Domain Modification" shall designate any change perform to the Name that does not involve a change of domain owner, including but not limited to any changes to the servers of the Name (DNS) or contacts listed with the name (such as technical or billing contact).

1.14 “Order” shall mean any request for Services submitted to EBS by the Customer.

1.15 “Quote” shall mean the response to any Order submitted by a Customer in writing, through EBS Website or through electronic mail

1.16 The “Customer's representative” shall mean the individual which detains the Managing User login and password of the Customer used to access the Customer Account (“the Credentials”).

1.17 The “Managing User” shall mean the Customer Account user who is allowed to operate any operation including chargeable one within the Customer Account.

1.18 “Sub-User” shall mean the individual or individuals setup within the Customer Account as having unique permissions as designated by the Managing User.

1.19 “Working day” shall mean a normal workday within the meaning of Luxembourg civil law, exclusive of weekends and legal holidays.

2. Services

2.1 Search engine for Domain Name availability EBS Website provides, free of charge, a search engine to determine the availability of a Domain Name. This search engine, which is partially based on data provided by the relevant Registries, is made available to the Customer as is and for informational purposes only. The data supplied by the search engine is of an informational nature only and shall not entail any obligation, duty or liability on the part of EBS, including in regard to any use that may be made of such data or the accuracy of such data.

2.2 Domain Names Registrations and Renewals EBS shall register Domain Names and renew the registration thereof in various TLD zones, insofar as the Customer has placed an order for such Domain Name or its renewal pursuant to the terms and conditions described below. The list of the TLD zone in which the Customer can do so is updated regularly on the EBS Website. Acting only as an intermediary, EBS shall register Domain Names with the relevant organisms or competent contractual partner(s) (namely the Registry or Registrar, hereinafter referred to as the “Provider” or “Providers”) for purposes of fulfilling the Customer's order. However, in carrying out this process, EBS will not perform any action to verify in any manner whatsoever the availability of the designation that the Customer wishes to adopt as a Domain Name. In carrying out any operation relating to the registration or modification of administrative or technical data, or the revocation, cancellation or removal of a Domain Name, EBS' role is strictly limited to acting directly or indirectly on the Customer's behalf vis-à-vis the authority in charge of Domain Name attribution in the relevant domain zone. The Customer shall always be offered the possibility to place its Domain Names in “Auto-renew” status preventing him to take action to renew its Domain Name. It shall be the Customer's duty to modify the Domain Name “Auto-renew” status to “Auto-expire within its Customer Account” and within the delay applicable to the TLD under which the Domain Name is registered to prevent EBS from renewing the registration of its Domain Name.

2.3 Domain Name activation When placing an order for a Domain Name, the Customer shall choose whether the Name is to be hosted on EBS servers or on any other DNS server. Use of EBS servers shall be free of charge insofar as such use is fully and reasonably in line with the service description. If the Customer decides to host the Domain Name on the EBS servers without creating a homepage associated with such Name, the Customer grants EBS the right to associate the typing of a Name as an URL in an internet browser with the display of a Parking Page. The Customer shall be entitled to alter its choice of server at any time. Such modification may be subject to a fee depending on the domain zone involved. The relevant fees can be found in the EBS price list, which is available on the EBS Website. Registration or activation of a Domain Name shall not in itself constitute a valid license to host web pages or a full website on EBS servers.

2.4 DNS servers and compliant Domain Name administration The Customer agrees that functional DNS servers are needed for purposes of registering Names, and that proper internet functionality depends on them. EBS shall preferentially use DNS servers supplied by the Customer (hereinafter referred to as the “Customer DNS”) for purposes of validating the Name registration. However, if the EBS customer service department ascertains that the Customer’s DNS is invalid EBS shall contact the Customer to allow it to modify the settings of its DNS servers within the delay allowed by the applicable Registry.

2.5 URL redirection; Domain Name transfer Following an authenticated request by the Customer through its Customer Account, EBS shall redirect the URL or shall transfer the Domain Name ordered by the Customer to a destination of the Customer's choosing. The Domain Name shall be transferred to EBS management or another Registrar in accordance with the terms of use of the Registries for each Extension or, in the absence of such terms of use, in accordance with specific terms of use elaborated by EBS or its partners. EBS shall accept a Domain Name transfer request insofar as such request is transmitted to EBS via the EBS website or by written request no fewer than seven (7) working days prior to the Domain Name expiration date. This period shall be subject to extension amounting to the period of notice defined by the Registry. If the transfer request is submitted after this period, the Customer shall extend the Domain Name registration period by a the minimum renewal period required by the applicable Registry’s policy, following which period the Customer shall be entitled to submit a new transfer request for such Domain Name.

2.6 Parking Pages Unless otherwise specified, all Domain Names registered through EBS are pointed to a “Parking Web Page”, which informs visitors that the registrant has recently registered their Domain Name via EBS. The Parking Web Page may be modified at any time by EBS without prior notice to the Customer and may include such things as, without limitation (i) links to additional products and services offered by EBS, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. If for any reason the Customer wishes to avoid the display of a Parking Web Page, it shall be its duty to inform EBS of its will prior to its registration order.

2.7 Other services At the Customer's request, EBS shall be entitled to realize other operations relating to Domain Names such as: Domain Portfolio Management: the Customer shall be entitled to request extra services pertaining to the management of its portfolio such as portfolio consolidation, bulk transfer, bulk registration, bulk update, registration monitoring, among others, and as detailed in EBS Offering. Domain Name Recovery Services: the Customer may ask for services related to the acquisition of a gTLD or ccTLD domain name that is currently registered by a third party. Additional Domain Name System Servers: the Customer shall be entitled to benefit from additional DNS such as but not limited to DNSSEC. Anonymous Domain Registration: 



when applicable, the Customer shall be provided with the option of registering its Domain Name in the name of a third party such as EBS or one of its partners. Proxy Service: when applicable, EBS may provide the Customer, directly or through a third-party, with a local address or similar information that may be required by a Registry to establish a so-called link with a relevant country or province. Electronic Mail: 



in conjunction with the Customer Domain Name registration, EBS may provide the Customer with electronic mail services.

24/7 assistance: Upon subscription of the specific service, the Customer may reach EBS support department on a 24/7 basis.

EBS shall be entitled to charge extra for such service, which, unless stipulated otherwise hereunder, shall be subject to the Terms and Conditions as well as any terms and conditions that are defined for the specific service.

3. EBS Support

Any request from the Customer for technical support shall be sent to EBS, by email at the address: support@ebrandservices.com Unless otherwise agreed between the Parties, EBS shall provide support during Working Days only, between 8 a.m. to 12 a.m. and between 1 p.m. and 5 p.m. (“Support Hours”). EBS shall make its best efforts to solve the issue during the Working Day following the day during which the request has been received.

While providing support services, EBS shall use its best efforts but shall not guarantee any result.

4. Customer Account Credentials

Within seven (7) days following the execution of the Agreement, the Customer shall be granted a login name and a password of its choosing that shall enable the Customer to identify himself on the EBS interface in order to carry out various operations such as submitting a new Domain Name Registration, performing a Domain Modification and so on.

Any modification to the Customer Account shall be subject to entry of the Customer's login name and password. As a result, the Customer shall bear sole responsibility for the management and preservation of the login name and password that have been attributed to him.

Any instruction received by EBS that includes the Credentials shall be presumed to have been submitted by the Customer. Hence, EBS cannot be held responsible for any fraudulent use of such Credentials, which remain at all time personal and confidential elements that the Customer shall not under any circumstance disclose to any third party aside from the Customer’s Representative.

In the event of loss or theft of the Credentials, or if the Customer has reason to believe that its Credentials have been disclosed to any third party, the Customer shall modify its login name and password without delay.

Additionally, the Customer shall notify EBS in writing of any change in the Customer’s legal or business status (particularly any change of address) pursuant to Article 4 herein. Any failure on the Customer’s part to fulfill this reporting obligation could prevent EBS from providing its services in a proper and professional manner, inasmuch as EBS needs to know the exact identity of its Customers in order to send Customers information for operations such as Domain Name renewal.


5. Obligation of EBS

EBS agrees to allow the Customer to request the Registration of a Domain Name according to the rules of Clause 7, “Conduct” of this Agreement. Accordingly, EBS will make its best efforts to allow the Customer's clients to access the Customer Account under regular circumstances, and in particular:

- Provide support to the Customer in accordance with this Section 4.

- Provide the Customer with up-to-date Terms

- Provide a contact person whose details will be provided upon signature of this Agreement, to handle matters relevant to this Agreement and, more generally, to be the point of contact of EBS for the Customer’s officers and employees.

6. Orders

The Customer understands and agrees that any Order submitted to EBS, is subject to the terms defined in this Agreement. An Order may be placed by the Primary User or any Sub-User with such permission in the Customer Account through the Customer Account, by e-mail, or telecopy.

In addition, by submitting an Order, the Customer implicitly accepts in advance and without reservation the specific legal, administrative or technical rules and regulations relevant to the Service for which the Customer has placed its Order.

The Customer may pass an Order by any of the following means: (i) submitting the Order through its Customer Account, or (ii) Signing and returning the Quote sent by EBS in the manner specified therein. Customer's failure to sign the Quote may result in the cancellation of the Order by EBS.

In accordance with the provision of article 6.3 of Directive 97/55/EC of European Parliament, once submitted to EBS, an Order may not be cancelled by the Customer. The Customer acknowledges that Services which are unfulfilled for more than six months due to a failure of Customer to provide requested information and or documentation will be considered closed by EBS and will require the Customer to submit another Order to reinstate the affected Serviced.

7. Conduct

The Customer understands that Domain Name Registration is the core business of EBS and as a result agrees NOT to use the Service for any purpose that is unlawful or prohibited by this Agreement. In particular the Customer agrees not to use its Customer Account, directly, indirectly, in any way that could be detrimental to EBS' business, customers, officers or employees, including but not limited to:

interfere or infringe with any trademark or proprietary rights of any other party;

register or facilitate the registration of a Domain Name contrary to the policy, charter, and more generally to the set of rules governing registration in the relevant Extension;

interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit for any commercial purposes any portion of the Service

8. Handling of Customer information

8.1. The Customer agrees that proper communication between him and EBS on a regular basis is essential to its proper use (including passive use) of the Service. Accordingly, the Customer must properly consult and acknowledge any relevant information transmitted by EBS.

8.2 To this end, and to allow EBS to reach the Customer as well as properly administer the Customer's Domain Name or Names, the Customer agrees to provide EBS with current and updated address information. Such information shall consist of the Customer's email address, postal address, valid phone number at which the Customer can be reached from 9 a.m. to 9 p.m. GMT/UT.

9. Term

The Agreement will last two (2) years following the Execution Date, and shall be automatically extended for a 2 years period unless either party terminates it in writing and in accordance with Clause 10 hereafter.

10. Termination of the Agreement

The Agreement shall be deemed terminated before the Term if:

- Either of the parties repeatedly engages in any conduct prejudicial to the business or business interests of the other.

- The Customer does not comply with the Requirements of Clause 7 and/or 13 of this Agreement (“Fundamental Breach”).

- Either of the Parties becomes insolvent and goes into liquidation during the Term.

- Either Party gives ninety (90) days written notice of termination at any time for any reason

In case of prior termination by Customer and/or in case of transfer of Customer Domain Names to an EBS competitor during the Term, EBS shall be entitled to invoice Customer with a forty nine (49) Euros fee per Domain Name as penalty fee.

In any termination case, with or without cause, Customer accepts that he shall pay the Annual Fees due until the anniversary date of the ongoing contractual period.

Upon termination of this Agreement, EBS will have no obligation to pay the Customer’s Domain Name renewal Fees beyond that which was pre-paid by Customer. It shall be the Customer responsibility to modify billing contacts of its Domain Names in order to receive the renewal notices directly. EBS shall not be responsible to file, forward, or in anyway administer renewal notices beyond that which EBS has received applicable Fees for by Customer.

11. Material Breach

EBS reserves the right to suspend, cancel, transfer or modify any of the Services provided to the Customer in the event where (i) the Customer materially breaches this Agreement and does not cure such breach within twenty (20) days of notice by EBS, or (i) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement. The Customer also agrees and understands that EBS shall have the right to suspend, cancel, transfer or otherwise modify any of the Services hereunder at such time as EBS receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of such Services.

The Agreement shall also be deemed terminated for a breach of any obligations within this agreement by either party, upon thirty (30) day written notice, unless such breach is cured within such time.

Contractual Termination under the above circumstances shall not preclude EBS from further legal action against the Customer to expunge its grief.

12. Intellectual Property

The present Agreement shall not grant the Customer any specific right on EBS’ Intellectual Property, and in particular:

- The Customer will not (i) use, register, reproduce, sublicense, distribute or dispose of any of the intellectual property rights; (ii) alter, create derivative works of, edit, modify or revise intellectual property rights; (iii) reverse engineer, reverse compile, or disassemble intellectual property rights in whole or in part; (iv) rent, lease, loan, electronically transfer or otherwise make available intellectual property rights to a third party; nor (v) permit any other person or entity to do any of the foregoing.

- Use of EBS logo(s) and trademark(s) whether on the Customer’s web site or in any marketing document is subject to specific written approval and instructions from EBS.

13. Fees

As consideration for the Services, the Customers agrees to pay EBS the amounts set forth in the Quote spreadsheet.

EBS reserves the right to modify its fees upon sixty (60) days notice to Customer; provided, that, in the case of new fees due to new products and services, EBS may change such fees immediately and will use commercially reasonable efforts to advise the Customer of such changes or new fees as soon as practicable following the effectiveness of such changes or new fees. Notwithstanding the preceding, EBS may modify its fees without notice to the Customer for Domain Name Registration services due to changes in Registry fees or other changes in registry requirements or requirements of EBS providers.

14. Payment

The Customer's Domain Name initial application, renewal application, or registrar transfer request will not be submitted to the applicable Registry unless EBS receives actual payment of the registration, renewal, or transfer fee, or reasonable assurance of payment of the registration, renewal, or transfer fee from some other entity (such reasonable assurance shall be determined by EBS in its sole discretion).

At the beginning of each year, EBS shall invoice the Customer for the Service provided during the past year not yet invoiced, and for the Service that will be provided during the coming year, including but not limited to each new registration application, renewal application, or registrar transfer.

The Customer agrees to pay EBS for all Fees charged in connection with any accepted Orders. Unless otherwise agreed between the Parties, EBS shall submit the invoices to the Customer to the contact listed in the Customer Account, which shall reference the Fees associated with all Orders and recurring Services accepted by EBS.

Any invoice or amount that is not paid upon falling due shall be subject, without formal notice, to interest charges amounting to 10 percent (10%) of the annual unpaid amount, until such time as the outstanding amount is paid in full. Any remaining unpaid balance shall also incur (without formal notice) a penalty of fifteen percent (15%) on the unpaid principal, subject to a €25 minimum and a €1250 maximum.

In addition, EBS shall be entitled to reimbursement of €75 for each formal notice (as extra-judicial costs).

In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by EBS) or other non-payment by the Customer in connection with its payment of the registration, renewal, or registrar transfer fee, the Customer acknowledges and agrees that the registration shall be transferred to EBS as the entity that has paid the registration, renewal, or transfer fee for that registration to the registry, and that EBS reserves all rights regarding such Domain Name including, without limitation, the right to make the Domain Name available to other parties.

Insofar as possible, the Customer shall be entitled to request that the Services be reactivated, providing that all unpaid invoices and late payment penalties and interest pursuant to Article 14 hereof have been paid. The Customer shall assume a 49€ fee per domain name for all administrative, technical and other costs arising from deactivation and/or reactivation of its Customer Account.

EBS shall be entitled to refrain from responding to any Customer request to take action for any Domain Name if the Customer is or becomes indebted to EBS for any reason whatsoever.

The payments shall be made at the head office of EBS and in euro (EUR), unless otherwise agreed between EBS and the Customer. Any additional fee attached to the payment shall be at Customer's expense. Foreign payments shall be carried out at the transferor’s expense (for example, foreign bank transfers shall bear the indication “our cost” or “OUR”). The net amount received by EBS shall be strictly equal to the price due by the Customer.

15. Representations and Warranties

Each party represents to the other party that it has the right to enter into this Agreement and that its entry into this Agreement will not violate its obligations to any third party.

The Internet being an unstable medium by nature, errors, omissions, interruptions and delays of service may occur at any time. As a result EBS accepts no responsibility in respect of such errors, omissions, interruptions or delays.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES ARE PROVIDED TO THE CUSTOMER “AS IS.” EBS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE WITHOUT ANY LIMITATION TO THE FOREGOING.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CUSTOMER FROM EBS OR THROUGH THE COURSE OF THE AGREEMENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

16. Indemnification and Settlement

The Customer agrees to defend, indemnify and hold EBS and all of its respective current and former officers, directors, members, shareholders, agents, and employees harmless from any claims, losses, damages, causes of action, liabilities and expenses (including attorneys and other professionals’ fees) related to : (i) the Customer use of the Services, (ii) the Customer application for and registration of, or failure to register or renew, a particular Domain Name; (iii) the Customer use of any Domain Name registered in its name; (iv) the Customer breach of this Agreement; (v) any disputes involving the intellectual property rights of others; (vi) processing any registrant transfers in accordance with this Agreement; and (vii) the Customer use of any Domain Name affected by any transfer of registrant request. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.

The Customer shall not, without written consent of EBS, settle, compromise, or consent to the entry of any judgment with respect to any pending or threatened claim unless the settlement, compromise or consent provides for and includes an express, unconditional release of all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, against EBS.

17. Force Majeure

In the event where EBS is prevented from performing, or unable to perform, its obligations or more generally provide the Customer with the Services due to earthquake, flood, fire, storm, natural disaster, an act of God, or more generally any cause beyond its reasonable control, EBS' performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.

18. Severability

Should any term or provision of this Agreement be declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

19. Non Agency

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the Customer and EBS.

20. Waiver

Failure from EBS to require performance by the Customer of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by EBS of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

21. Confidentiality and protection of Data Privacy

The Customer expressly authorizes EBS, its affiliates and subsidiaries to collect and retain any information regarding any activity between the Customer and EBS in connection with any Services provided to the Customer by EBS its affiliates and subsidiaries.

EBS shall not be liable to the Customer or any third party to the extent reasonable precautions are taken to protect the information EBS obtains from the Customer from loss, misuse, unauthorized access, disclosure, unauthorized use, alteration or destruction.

In this regard, the Customer acknowledges and accepts all risk resulting from use of public networks such as the internet and assumes all consequences arising from such use. EBS shall not be held responsible or liable in the event the lack of adequate protection results in other users viewing information that has been communicated to EBS during or after the data capture process.

The Customer expressly authorizes EBS to process the Customer’s personal data in order to conduct market research and promotional campaigns in connection with EBS products and services. Any Customer that does not wish to receive promotional material from EBS can stipulate as such by sending an email to info@ebrandservices.com or by sending a postal letter to the EBS headquarter address.

Unless expressly denied by the Customer, he agrees that as long as EBS is currently providing Services to him, the Customer allows EBS to list Customer's company name, in text format only, on its client list currently located on its website.

Without prejudice to the foregoing provision, EBS shall process Customer data confidentially.

22. Confidentiality

The Customer acknowledges that in connection with this Agreement he will have access to certain confidential and proprietary information of EBS (“Confidential Information”). Confidential Information includes information either marked as confidential or information known by the Customer as being treated by EBS as confidential. The Customer agrees to keep Confidential Information confidential and not to use such information except as authorized by this agreement or otherwise authorized by EBS, and to accord to such information the same standards and protections that it uses to protect its own confidential business information. The Customer shall limit dissemination of Confidential Information to its employees, contractors, or agents who reasonably require access in order to carry out the terms of this agreement and now have been informed of an obligation to maintain confidentiality. Except for Confidential Information necessary to performance of obligations or exercise of rights under this agreement, materials or documents containing Confidential Information will be returned to EBS promptly following written requests thereof. Confidential Information will not include information: (i) that is now or becomes generally available to the public through no fault or breach by the Customer; (ii) that the Customer can document was already known to it prior to disclosure by EBS; (iii) that was independently developed by the Customer without use of any of EBS’ Confidential Information; and (iv) that the Customer rightly obtained from a third-party who had the right to transfer or disclose it. If the Customer is subpoenaed or ordered by any court of governmental agency to disclose Confidential Information, it will provide prompt written notice to EBS so as to allow EBS to seek a protective order to protect the confidentiality of such information.

23. LIMITATION OF LIABILITY

THE CUSTOMER AGREES THAT EBS WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF THE SERVICES, (b) USE BY YOU OF THE SERVICES, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO ANY EBS SITE, (e) DATA NON- DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, OR (f) EVENTS BEYOND EBS’ REASONABLE CONTROL. EBS ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF EBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL EBS’ MAXIMUM AGGREGATE LIABILITY EXCEED THE LESSER OF (I) ALL AMOUNTS PAID TO EBS UNDER THIS AGREEMENT OR (II) TWO THOUSAND EUROS (€ 2000). BECAUSE SOME NATIONAL LAW DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRY, EBS LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

24. Notice

Notice shall be sufficiently given only if in writing and transmitted by facsimile to the Party's facsimile number, delivered personally or by an internationally recognized courier service, or mailed by prepaid registered mail addressed to the party for whom it is intended, at the address noted on the first page hereof provided that either party may notify the other in writing of a change in such party’s address and/or facsimile number for the purposes hereof.

25. Assignment

Neither Party may assign this agreement, in whole or in part, without the other Party's written consent. Any attempt to assign this Agreement without such consent will be null and void and may result in this agreement being void. In the event of a sale of substantially all the assets or stock of the Company, or a merger of the Company, no consent is needed to assign this agreement.

26. Non-exclusivity

The rights granted to the Customer under this Agreement are non-exclusive, and either Party may work on its own or with other providers for the registration services.

27. Entire Agreement

This Agreement including all exhibits attached constitutes the entire agreement between the Customer and EBS concerning the object thereof, and supersedes all prior statements, whether oral or written, representations, discussions, negotiations and agreements, by phone, e-mail, and instant messaging.

28. Governing Law

The Agreement is subject to the Law of Luxembourg. The Customer and EBS agree that any dispute arising in context of the Agreement shall be dealt with by the relevant Luxembourg Courts.