In general, the Terms and Conditions as well as the Registration Agreement of Key-Systems and relevant appendices have to be forwarded to your registrants and they need to agree to them. We already introduced a new version of the Registration Agreement of Key-Systems in October which holds paragraph 1.9 including Designated Agent:
“Both Registrar as well as Customers authorized by registered name holder shall be considered designated agents of registered name holder with regard to the management and registration of a domain name with regard to ICANN, registry or other parties involved in the registration process.”
To make it even a bit more convenient, our FOA mails for regular inter-registrar transfers ask registrants to agree to our Terms and Conditions. Our Terms and Conditions already reference to our Registration Agreement in paragraph 1.7:
“By initiating an order through Key-Systems and/or by executing electronic actions the customer declares that he has the proper authority to place orders either for himself or as properly authorized representative of his organisation and that he agrees to the terms and conditions, contractual terms and registration agreements in all parts.”
If including our TAC and Registration Agreement in your own TAC is not possible we can advise to integrate them in your business processes and to make these documents and agreements available to the registrant on a case-by-case basis. For example, during checkout. This way you do not need to change your General Conditions and Special Conditions for Domain Names and you can make sure the clients have access to all necessary documents.