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.asso.nc FAQ


.asso.nc Domains Dispute & Policy

ARTICLE 25 - ALTERNATIVE PROCEDURES FOR RESOLVING DISPUTES

OPT-NC does not offer alternative procedures to resolve disputes. The holders of domain names must therefore resort to normal judicial means to settle their disputes.
By exception to the principle of non-retroactivity, the implementation of alternative procedures to resolve disputes will apply to all the domain names already registered.

ARTICLE 26 - VOLUNTARY TRANSMISSION OF DOMAIN NAME

The domain names may be the object of a transmission subject to compliance with the terms of the naming charter and notably the specific features of the identification act, which in this case is theobject of a control a priori by OPT-NC.
No voluntary transmission operation of a domain name is validated by OPT-NC, without the new holder having provided proof of acceptance of the former holder.
The application must be forwarded by mail to the Service de Gestion des Domaines de la Zone .nc (Domain Management Service for the .nc Zone), written and signed solely by the holder.
In case of liquidation or any other collective procedure, the voluntary transmission form is signed by the designated administrator.

ARTICLE 27 - FORCED TRANSMISSION OF DOMAIN NAME

OPT-NC conducts forced transmissions of domain names following:
• a decision taken as an alternative procedure for resolving disputes;
• a court order under the following conditions:

- After notification to OP T-NC, through a bailiff, by the most diligent party, of a court order benefitting from the provisional execution of right pursuant to Article 514 of the new code of civil procedure and justification of the notification as part of this decision;

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(or )

- after notification to OP T-NC, through a bailiff, by the most diligent party, of a court order, accompanied by the provisional execution in the sense of Article 515 of the new code of civil procedure and justification of the notification as part of this decision and on the presentation of a potential collateralisation ordered by the judge pursuant to Article 517 of the new code of civil procedure;

(or)

- after notification to OPT-NC, through a bailiff, by the most diligent party, of a court order invested with the force res judicata in the sense of Article 500 of the new code of civil procedure which will be justified. This justification can for example be constituted, according to the case, either by the communication of a non-recoursecertificate, or by the communication of a judgement call.

In the hypothesis when a legal ruling or a decision taken as part of an alternative procedure for resolving disputes is reformed, OPT-NC proceeds under the same conditions for the implementation of the new administrative acts ordered.

OPT-NC cannot act on requests that do not comply with the conditions and cannot, because of the strict neutrality which must be upheld, be held responsible by the sending of letters, summonses or copies of assignations.

Administrative acts taken by OPT-NC in pursuance of a court decision cannot incur liability for any reason whatsoever, the plaintiff guaranteeing it against any recourse.

The procedure for the forced transmission of a domain name implies:

• That the new holder benefitting from the rendered decision carries out all the procedures with OPT-NC;

The technical and administrative fees associated with a forced transmission being his responsibility, the new holder makes a case for their eventual recovery from the former holder.

• That the new holder satisfies the demands of the charter within a delay of 20 (twenty) days following the domain name transmission. After this time limit, the domain name is blocked during a period of 30 (thirty) days after which, and the plaintiff fails to be in conformity with the terms of the charter, the domain name is removed.