Reseller Agreement

Introduction

This Reseller Agreement governs the resale of Pladinum services by a customer (the “Reseller”, “you”, “your”) to that customer’s own end users (“End Users”). It applies to reseller hosting plans and to any other arrangement where Pladinum services are provided onward for a fee.

It supplements the General Terms and Conditions and prevails over them in respect of resale activity.

1. Nature of the Relationship

1.1 The Reseller acts in its own name, at its own expense, and at its own risk. The Reseller is not an agent, representative, partner, or joint venturer of Pladinum, and must not give the impression that it is.

1.2 The Reseller has no authority to enter into agreements, make representations, or incur obligations on Pladinum’s behalf.

1.3 Pladinum has no contractual relationship with End Users and provides them no support directly.

2. Pricing and Billing

2.1 The Reseller is free to set its own prices for the services it provides to End Users, within any limits stated in the applicable plan.

2.2 The Reseller remains liable to Pladinum for all fees due under its account, regardless of whether its End Users have paid the Reseller.

2.3 Non-payment by an End User does not suspend, reduce, or discharge the Reseller’s payment obligations.

3. Reseller Obligations to End Users

3.1 Contractual terms. The Reseller must enter into a binding agreement with each End User that imposes obligations no less protective than these Terms, the Acceptable Use Policy, and, where domain names are involved, the Domain Registration Agreement. Pladinum may request evidence that this is in place.

3.2 Support. The Reseller is responsible for providing customer service, billing support, and first-line technical support to its End Users.

3.3 Compliance. The Reseller is responsible to Pladinum for the acts and omissions of its End Users as if they were its own, including compliance with the Acceptable Use Policy.

3.4 No changes without authority. The Reseller must not change the configuration of, or information relating to, an End User’s service without that End User’s authorisation.

4. Domain Names Resold Through Pladinum

4.1 Where the Reseller resells domain names, the following additional obligations apply, and flow down from the requirements imposed on Pladinum by the sponsoring registrar.

4.2 The Reseller must require each End User to accept a registration agreement carrying, at minimum, the obligations set out in the Pladinum Domain Registration Agreement.

4.3 The Reseller must require End Users to provide accurate contact details and to correct them within seven (7) calendar days of any change, and must inform them that wilful inaccuracy, or failure to respond within fifteen (15) calendar days to a request to verify contact details, is a material breach and grounds for suspension.

4.4 The Reseller must give each new or renewed registrant notice of: the purposes for which registration data is collected; the recipients of that data; which fields are obligatory and which are voluntary; and how the registrant may access and correct data held about them.

4.5 The Reseller must require End Users to consent to the Uniform Domain Name Dispute Resolution Policy and the Uniform Rapid Suspension procedure.

4.6 The Reseller must require End Users to authorise the sponsoring registrar to act as Designated Agent for the purposes of the ICANN Transfer Policy.

4.7 The Reseller must require End Users to indemnify the sponsoring registrar and the registry operator, in addition to Pladinum.

4.8 The Reseller must identify the registrar of record on request from an End User, and must not represent itself, or allow an End User to represent themselves, as an ICANN-accredited registrar. Neither the Reseller nor its End Users may display the ICANN logo.

4.9 The Reseller must display, on any page it operates for domain registration or renewal, a link to ICANN’s Registrants’ Benefits and Responsibilities and to ICANN’s Registrant Educational Information.

4.10 Records. The Reseller must retain, for at least two (2) years, records of all orders, of each End User’s acceptance of the registration agreement including date, time, and domain name, of all transfer requests, and of all written communications relating to domain services. These records must be produced within seven (7) calendar days of a request from Pladinum.

5. Sub-Resale

5.1 The Reseller may allow its End Users to resell services onward only where every obligation in this Agreement is passed down in full.

5.2 The Reseller remains responsible to Pladinum for the entire chain.

6. Branding

6.1 The Reseller may present the services under its own brand.

6.2 The Reseller must not use Pladinum trademarks, trade names, or logos without prior written consent, and must not imply an endorsement, partnership, or accreditation that does not exist.

6.3 The Reseller must not misrepresent the technical characteristics, location, or service levels of the underlying infrastructure.

7. Service Levels

7.1 The Service Level Agreement applies between Pladinum and the Reseller. It does not create rights for End Users.

7.2 Where the Reseller offers its own service levels to End Users, it does so on its own account and at its own risk. Pladinum is not liable for commitments the Reseller makes beyond those Pladinum has made to the Reseller.

8. Suspension and Termination

8.1 Where an End User breaches the Acceptable Use Policy, Pladinum may suspend that End User’s service, and where the breach is severe or repeated, the Reseller’s entire account.

8.2 Pladinum will normally notify the Reseller and allow a reasonable opportunity to resolve the matter, except where immediate action is required under Section 8.3 of the Acceptable Use Policy.

8.3 On termination of the Reseller’s account, End User services terminate with it. The Reseller is solely responsible for informing its End Users and for migrating them elsewhere. Data retention on termination is governed by Section 5.6 of the General Terms and Conditions.

9. Refunds

9.1 Reseller hosting plans are not eligible for the money-back guarantee under the Refund Policy.

9.2 The Reseller is solely responsible for any refunds it offers to its own End Users. Such refunds do not create a corresponding claim against Pladinum.

10. Indemnity

10.1 The Reseller shall indemnify, defend, and hold harmless Pladinum against any claim, damage, liability, cost, or expense, including reasonable legal fees, arising from: the Reseller’s resale activity; the acts or omissions of its End Users; any representation the Reseller makes about the services; or the Reseller’s failure to impose the obligations required under this Agreement.

10.2 This indemnity survives termination.

11. Insurance

11.1 The Reseller shall maintain insurance appropriate to the risks arising from its resale activity and shall provide evidence of it on request.

12. Contact

Pladinum Group SL
Avenida de Manolete 3a
29660 Marbella, Malaga (ES)
Partners: support@pladinum.com
Legal: legal@pladinum.com
Customer Portal: my.pladinum.com
Website: www.pladinum.com

Download as PDF