Name.com.au POLICIES
----------------------------------------------------------------------------------------------------------------------------------
Name.com.au Customer Terms & Conditions: CORE TERMS
-----------------------------------------------------------------------------------------------------------------------------------
1. Document
1.1. This document contains the basic terms on which Name provides services (this includes
goods and services) to customers. They apply to every service Name supplies, and are
called core terms.
1.2. Extra terms may also apply in certain cases. These terms indicate when extra terms will
apply.
2. Parties
We, us, Name, or Name means Name PTY. LTD. and you or
customer means anyone that we supply a service to.
3. Service Descriptions
A service means any goods or service that we offer or supply. Each service may be briefly
identified by its service description.
4. Service Terms
4.1. We may publish extra terms that apply to a particular product or service (service terms).
4.2. Service terms may be set out in service information, or on an application form, or
otherwise notified to you.
4.3. Service terms only apply to the service they relate to.
4.4. Service terms may include, or incorporate by reference, a service level guarantee.
4.5. Service terms are part of our customer contract with you.
5. Pricing
5.1. We may charge you for our products and services in accordance with our price list.
5.2. We may change the price list by publishing a new one our web site. A reference to price
list means the current price list at any particular time.
5.3. Changes take effect immediately. They have no effect on charges for services that have
already been supplied.
5.4. The price list is part of our customer contract with you.
5.5. If a customer contract states that charges for the contract will be fixed for a certain
period, or until a certain date, changes made during that period, or before that date, do
not take effect until the end of that period, or until that date.
6. Customer contracts
6.1. When we supply a service to you, the terms and conditions of supply consists of:
6.1.1. these core terms; and
6.1.2. any applicable service terms; and
6.1.3. the applicable items in the price list;
6.2. Together, those terms and conditions and items are called the customer contract.
7. Order of precedence
7.1. To the extent of any conflict or inconsistency between them, the parts of the customer
contract have the following order of priority, from highest to lowest:
7.1.1. price list;
7.1.2. service terms;
7.1.3. core terms.
8. Contract amendments
8.1. Unless you are in a fixed term contract or the minimum term of your customer contract
has not expired, we may change the terms of your customer contract, subject to this
clause.
8.2. We may change our price list by publishing a new one on our web site.
8.3. We may change any other part of your customer contract, including our price list, by
informing you of the change.
8.4. You can change your customer contract at the expiration of the minimum term if we
agree.
8.5. Otherwise changes to any other part of a customer contract take effect when we inform
you of the change.
9. Non merger
9.1. When a customer contract or this agreement ends:
9.1.1. a right of action that arises from a breach that occurred before it ended
survives;
9.1.2. charges for products and services delivered before it ended can be invoiced
and recovered;
9.1.3. clauses 9, 14, 18, 25, 26, 31 and 40 continue to operate; and
9.1.4. any other clause in the customer contract that indicates that the clause survives
termination also continues to operate.
10. Ordering
10.1. We may receive an order in any form we choose e.g. by written application, on line, or
over the telephone.
10.2. You must comply with any ordering procedures that we specify e.g. if we ask you to use
a particular order form, you must do so.
10.3. We are not obliged to accept any order.
10.4. You must ensure that you provide us with all the information we request in relation to
your order1 and that the information you provide is correct.
11. Additional terms
Except for things set out in express terms in a customer contract, and things that are implied by
law and cannot be excluded, there are no other representations, promises, warranties, covenants
or undertakings between the parties and customer contracts contain the entire understanding
between us.
12. Mixed services
If we supply a mixture of services, prices and service terms that would apply to the different
services if ordered separately apply to each of them individually within the mixture.
13. Charges, invoicing, and payment
13.1. We may charge you, and you must pay us, in accordance with our price list.
13.2. Set up charges are payable as soon as we agree to provide a service.
13.3. Periodic or repeating charges are payable from the date when we inform you that we are
ready to supply the service, whether or not you actually make use of the service.
13.4. All other charges are payable on invoice.
13.5. When a customer contract is terminated or otherwise ends:
13.5.1. we may immediately invoice any accrued charges (but later invoicing remains
effective);
13.5.2. our invoices must be paid immediately; and
13.5.3. we have a lien over any customer equipment for unpaid charges.
13.6. We may invoice you whenever charges have accrued, but we normally invoice by billing
months. A billing month is a month, starting on the same day of the month that your
customer contract started.2
13.7. If we hold your advance deposit, Direct Debit Authority, or Credit Card Authority, we may
draw payment as soon as a charge has accrued.
14. Invoice payments
1 e.g. information requested in an order form.
2 e.g. if your customer contract started on 15 April, new billing months start on the 15th day of each
month after that.
14.1. Unless we require pre-payment, you must pay our invoices within 7 days by means of a
payment method that we approve.
14.2. Apart from our other rights in case of non-payment, we may suspend any services and/or
charge interest and or a one off fee for late payment.
14.3. Interest will be calculated at the rate which is 2% higher than the ANZ Bank unsecured
overdraft rate for sums of over $100,000, calculated daily with rests.
14.4. If your payment is dishonoured then we may pass on our banks dishonour fees to you.
15. Billing disputes
15.1. You may dispute charges in an invoice by written notice that:
15.1.1. you give to us within 14 days of the date of the invoice;
15.1.2. clearly identifies you and the invoice you dispute;
15.1.3. detail the grounds of your dispute.
15.2. We will acknowledge your notice within 14 days.
15.3. You must still pay the disputed invoice by its due date. If we uphold your dispute, we
shall credit your account within a reasonable time.
16. Minimum terms
If a customer contract has a minimum term:
16.1. you cannot cancel it during the minimum term (except in specific cases where these
terms say otherwise);
16.2. after that, either of us may cancel it by giving the other at least 30 days written notice,
ending at the end of a billing month; and otherwise
16.3. it continues until one of us cancels it.
17. Repeating terms
17.1. If a customer contract has a repeating term, it serially repeats for that term unless one of
us gives the other written notice that they do not wish to repeat it.
17.2. If a notice under clause 17.1 is given less than a month before the end of the current
term, it takes effect at the end of the next term, not the end of the current term.
18. GST
18.1. Except where express provision is made to the contrary, the consideration payable by
the customer under this agreement represents the value of any taxable supply for which
payment is to be made.
18.2. Subject to us supplying you with a valid tax invoice, if we make a taxable supply for a
consideration, which represents its value, then you will pay, at the same time and in the
same manner as the value is otherwise payable, (or, if for any reason that does not
happen, without delay after we request you to) the amount of any GST payable in respect
of the taxable supply.
18.3. Subject to us supplying you with a valid tax invoice, if this agreement requires you to pay,
reimburse or contribute to an amount paid or payable by us in respect of an acquisition of
a taxable supply from a third party, the amount required to be paid, reimbursed or
contributed by you will be the value of the acquisition by us less any input tax credit to
which we are entitled plus, if our recovery from you is a taxable supply, any GST payable
under clause 18.2.
19. Domain names
Where we provide you with domain name registration services you must comply with all auDA
published policies and guidelines.
20. Support services
20.1. We will support a service as specified in the customer contract.
20.2. We are not obliged to support a service in any way that is not specified. For instance,
unless a customer contract states otherwise, we are not obliged to provide:
20.2.1. on-site support;
20.2.2. software or hardware support; or
20.2.3. support outside business hours.
20.3. If a customer contract includes a service level guarantee, we will provide support in
accordance with it.
21. Acceptable Use Policies
You must comply with any AUP we publish, as amended from time to time.
22. Additional Obligations
You must:
22.1. be responsible for all data that you retrieve, store, transmit, or use in any other way;
22.2. back up all your data;
22.3. maintain the security of your password and user identification;
22.4. not:
22.4.1. do anything which will damage or interfere with our network / system or
facilities;
22.4.2. do anything unlawful with a service;
22.4.3. share a service with any third party without our written consent; or
22.4.4. do anything with a service which may subject either you or us to a claim.
23. Suspension
23.1. We may suspend service under a customer contract without notice and without any
liability for loss and without prejudice to our rights under the customer contract or at law
if:
23.1.1. we suspect that your service has been accessed without authority, or the
integrity of the your service has been compromised;
23.1.2. we suspect that your service has been used for unlawful purposes;
23.1.3. you have not paid money you owe us;
23.1.4. we consider it is necessary to protect our network / system or facilities;
23.1.5. you or a guarantor has an adverse credit report;
23.1.6. you are in breach of any clause of your customer contract;
23.1.7. a governmental or law enforcement agency asks us to do so;
23.1.8. a wholesaler requires us to do so;
23.1.9. we consider that unless we do so, there is an unacceptable risk that there will
be a breach of a law or of an agreement between us and a wholesaler; or
23.1.10. you have changed your contact details without informing us.
23.2. Suspension does not affect your liability for charges under your customer contract.
23.3. Unless the reason or circumstance that caused the suspension is resolved to our
satisfaction within 7 days, we may terminate your customer contract.
24. Termination
24.1. A customer contract can only be terminated:
24.1.1. on notice by either party, given after its minimum term has expired. Such a
notice takes effect at the end of the next billing month that occurs at least 30
days after the notice was given; or
24.1.2. in accordance with clauses 24.2, 24.5 or 17; or
24.1.3. in any other way that the customer contract allows.
24.2. We may terminate your customer contract/s immediately if you:
24.2.1. become insolvent;
24.2.2. are subject to an application for winding up;
24.2.3. are subject to any form of external administration or management;
24.2.4. fail to pay us money within 14 days of it being due;
24.2.5. breach a customer contract and fail to remedy the breach within seven days
after receiving a notice requiring that it be remedied;
24.2.6. die;
24.2.7. have provided false or misleading information to us and in any other circumstances
where the customer contract allows us to.
24.3. If we terminate a customer contract because you have breached it, you must pay us, on
invoice, the charges that would have been payable under that customer contract if it had
not been terminated until after any minimum term.
24.4. If you have more than one customer contract, and you breach one of them, you are in
breach of all of them. We can terminate any or all of your customer contracts, or exercise
any other rights we have under a customer contract.
24.5. You may terminate your customer contract/s immediately if we:
24.5.1. become insolvent;
24.5.2. are subject to an application for winding up; or
24.5.3. are subject to any form of external administration or management.
25. Warranties and liability
25.1. To the extent permitted by law we:
25.1.1. will provide services with reasonable care and skill but do not warrant that they
will be provided without fault or disruption;
25.1.2. do not provide a service level guarantee or any guaranteed service level unless
the customer contract states otherwise;
25.1.3. do not provide a warranty for hardware provided under a customer contract
(unless we are required by law to do so), but we will (where capable of
assignment) assign the benefit of any manufacturers warranty to you.
25.2. Except for any express warranties in a customer contract, to the extent permitted by law
we disclaim all express and implied warranties in relation to a service or a customer
contract.
25.3. In the case of any breach of a customer contract, or any negligence for which we are
responsible, or breach of a condition or warranty that legislation prohibits us from
excluding (which condition or warranty shall accordingly be included), our liability to you
will be limited, at our option, to:
25.3.1. if the breach or negligence relates to goods
25.3.1.1. replacement of any goods involved or the supply of equivalent
goods;
25.3.1.2. the repair of such goods;
25.3.1.3. the payment of the cost of replacing the goods or of acquiring
equivalent goods; or
25.3.1.4. the payment of the cost of having the goods repaired; and
25.3.2. if the breach relates to services
25.3.2.1. supplying of the services again; and
25.3.2.2. the payment of the cost (for the period of the breach) of having the
services supplied again.
25.4. In no circumstances are we liable for any indirect, secondary or consequential loss or
loss of income that you or anyone else may suffer.
26. Indemnities
You indemnify us (on a full indemnity basis including all legal costs and expenses) against any
claim, loss or damage we suffer to the extent that it arises from:
26.1. any act or omission;
26.2. any breach of any law;
26.3. any breach of a customer contract or an AUP;
26.4. any unauthorised use of a service
by you or anyone using a service we provide to you.
27. Safety of data and set up
27.1. Unless a customer contract specifies that we will create a back up of any data and/or
customised software set up of yours, you are solely responsible for ensuring that you
have a complete, working back up of them.
27.2. We are entitled to assume that you have complied with clause 27.1.
27.3. You indemnify us against loss or damage that you or anyone else suffers as a result of
damage to data or customised software set up on your computer system.
27.4. We are not obliged to provide you or any third party with historical data (e.g. material that
used to be stored on our server).
27.5. You do not have any rights to any particular user identification, password, customer
number, IP address, or any other thing which we may provide as part of a service. We
can change or direct you to change these at anytime.
27.6. We are not required to store any email or data in accounts that are not active, and we
are not responsible for any loss or damage because of this.
28. Acknowledgements
eg. an account that is suspended or terminated.
28.1. A customer contract may state that you acknowledge certain matters.
28.2. You must accept service from us subject to those matters, and none of them constitutes
a defect in service.
28.3. You release us from all losses and claims in respect of, or out of, such matters or their
consequences.
29. Monitoring
Unless a customer contract states otherwise, no service is provided on the basis that we will:
29.1. monitor your computer system or any part of it;
29.2. follow up or review any issue once it has been attended to;
29.3. update, upgrade or patch anything in future;
29.4. notify or remind you about anything in future.
30. Equipment and software
30.1. If we sell any equipment to you:
30.1.1. we retain title to and ownership of that equipment until it is paid for in full;
30.1.2. risk of loss or damage passes to you when it is delivered to your premises;
30.1.3. you must fully insure it from the time of delivery and maintain the insurance
until you obtain title, and failing that until the equipment is delivered up to us;
30.1.4. you must not:
30.1.4.1. mortgage, charge or encumber the equipment (that you purchase
from us) without our written consent; and
30.1.4.2. loan, rent, licence, transfer or assign or part with possession of the
equipment without our written consent;
unless you have paid us in full.
30.2. If we provide any third party software to you, then:
30.2.1. we do so subject to the licence terms and conditions that apply to that software;
and
30.2.2. you are solely responsible for ensuring the suitability and compatibility of the
software.
30.3. If you use software not distributed or approved by us, you acknowledge that it may result
in interference to the service or it may result in loss, which we are not responsible for;
31. Spam
31.1. You may not use a Service to:
31.1.1. send, allow to be sent, or assist in the sending of Spam;
31.1.2. use or distribute any software designed to harvest email addresses; or
31.1.3. otherwise breach the Spam Act 2003 or the Spam Regulations 2004 of the
Commonwealth.
31.2. In addition to our other rights, we may suspend our provision of the Service to you in the
following events:
31.2.1. if the Service provided to you is being used to host any device or service that
allows email to be sent between third parties not under your authority and
control; or
31.2.2. if you are in breach of clause 31.1;
provided however that we will first make reasonable attempts to contact you and give you
the opportunity to address the problem within a reasonable time period. What is
reasonable in this context will depend on the severity of the problems being caused by
the open service or breach referred to above.
31.3. You agree to use your best endeavours to secure any device or network within your
control against being used in breach of clause 31.1 by third parties, including where
appropriate:
31.3.1. the installation and maintenance of antivirus software;
31.3.2. the installation and maintenance of firewall software; and
31.3.3. the application of operating system and application software patches and
updates.
31.4. Our right to suspend your account applies regardless of whether the open service is
provided or the breach is committed intentionally, through misconfiguration, or by other
means not authorised by you including but not limited to through a Trojan horse or virus.
31.5. We may scan any IP address ranges allocated to you for your use with the Service in
order to detect the presence of open or otherwise misconfigured mail and proxy servers.
31.6. If the Service is suspended and the grounds upon which it was suspended are not
corrected by you within 7 days, we may terminate the Service.
31.7. If the Service is terminated under clause 31.6, in addition to our other rights, we may levy
a reasonable fee for any costs incurred as a result of the conduct that resulted in the
suspension.
32. Confidential Information
32.1. Each party must treat the confidential information of the other party as confidential and
commercially valuable and ensure that its representatives do the same.
32.2. You consent to us accessing your information and data for legitimate purposes to provide
the service, improve the service or respond to complaints. The terms of clause 32.1
apply to this clause.
33. Law
You must observe all laws of Australia in relation to your use of our services.
34. Privacy
34.1. We may deal with your personal information in accordance with our privacy policy at
http://www.name.com.au/privacy/ as amended from time to time.
34.2. We may use your personal information for promotional and marketing purposes until you
request to opt out of receiving such information.
34.3. For the purposes of clause 34.2 and anything else in this agreement, you consent to
receiving emails from us.
35. Force majeure
We are not responsible for the consequences of force majeure.
36. Notices
36.1. A notice under this agreement must be written and signed by the party giving it and sent
to a partys valid address or personally delivered.
36.2. A partys valid address is any of:
36.2.1. in the case of a corporation, its current registered office;
36.2.2. the last:
36.2.2.1. fax number;
36.2.2.2. business address;
36.2.2.3. email address;
the party notified as its address for service of notices to the party giving the
notice.
36.3. A notice is deemed to have been given:
36.3.1. if hand delivered to a business address between 9 a.m. and 4:45 p.m. on a
business day on delivery;
36.3.2. if hand delivered to a business address other than between 9 a.m. and 4:45
p.m. on a business day Ð at 9 a.m. on the next business day;
36.3.3. if posted by ordinary mail -- at 10 a.m. on the third business day next following
posting;
36.3.4. if faxed between 9 a.m. and 4:45 p.m. on a business day when the senders
fax machine issues a successful transmission notification;
36.3.5. if faxed other than between 9 a.m. and 4:45 p.m. on a business day at 9 a.m.
on the next business day, subject to the senders fax machine having issued a
successful transmission notification;
36.3.6. if emailed the earlier of:
36.3.6.1. receipt by the sender of return notification that the message has
been read, and
36.3.6.2. 10 a.m. on the next business day subject to the sender not
receiving a delivery failure notification.
36.4. For the purposes of this agreement:
36.4.1. our current valid addresses (unless we tell you otherwise on our website
www.name.com.au) are:
36.4.1.1. our fax number Ð (+61) 03 8080 1623
36.4.1.2. our business address 1/50 Fitzroy Street, St Kilda 3182
36.4.1.3. our email address info@domaincentral.com.au;
36.4.2. your current valid addresses are those contained in your most recent service
order, unless you advise us otherwise in writing.
37. Waiver
No right under a customer contract can be waived except by notice in writing signed by the party
waiving it. If a party overlooks a breach by the other party on one or more occasions, it is not
taken to have agreed to any future breach.
38. Assignment
38.1. You may not transfer your rights or obligations under a customer contract to or share
them with anyone without our prior written consent.
38.2. We may transfer our rights or obligations under this agreement to or share them with
anyone on notice to you.
39. Credit Checks
39.1. You authorise us to do the things set out in this clause 39 and acknowledge that we may
do so, whenever we see fit for as long as a customer contract continues or you owe us
any money.
39.2. We may use a credit report (within the meaning of the Privacy Act 1988
(Commonwealth)) on you to assess your creditworthiness or for debt recovery purposes.
39.3. We may give to a credit reporting agency any information we have about you to enable
us to obtain a credit report.
39.4. We may exchange information about you with other credit providers or a credit reporting
agency.
39.5. You acknowledge that we are authorised to do the things set out in this clause 39 under
the Privacy Act 1988 (Commonwealth) and that to assess or review your
creditworthiness, we may: (a) request a third party to report about your creditworthiness;
and (b) disclose financial, credit and other information about you to any person.
39.6. You must cooperate with any enquiries that we make about your creditworthiness and
provide any further information, consent or authority we reasonably require.
Name Core Terms
13 / 16
© Copyright 2003 Ð 2007, Name Pty. Ltd. - Domain_Central_Core_Terms.doc
40. Severence
If any provision in this agreement is unlawful or inconsistent with any law, then to the extent of
the unlawful nature or inconsistency, that provision may be severed from without affecting the
remainder of the agreement.
41. Jurisdiction
This agreement and any customer contract is governed by the law of Victoria, Australia. Subject
to clause 33, any legal proceedings relating to them can only be taken in courts with jurisdiction
in Victoria.
42. Holidays
Anything that can or must be done on or before a day that is not a business day can be done on
the next business day.
43. Government Charges
You must pay stamp duty and other government charges in relation to a customer contract.
44. Interpretation
In this agreement or a customer contract, unless the context indicates otherwise:
44.1. Dictionary
the expression: means:
auDA .au Domain Administration Ltd or such successor that
is responsible for the administration of the .au TLD
AUP our Acceptable Use Policies
Billing dispute a dispute or difference between us as to whether you
are liable to pay an amount that we have invoiced to
you
Billing month has the meaning given by clause 13.6
Reseller Name.com.au and Name Name PTY. LTD.
business day any day from Monday to Friday inclusive, excluding
any public holidays observed in Victoria
business hours between 8:30 a.m. and 5 p.m. on a business day
Claim any demand, or allegation of liability, and all related
costs, claims, demands, liability, damages, losses and
expenses of any nature including all legal expenses
suffered or incurred
confidential
information
any information of a party which the other party knows
or should know is confidential to the other party, for as
long as it remains confidential, or would have
remained confidential except for a wrongful disclosure
by the first party
core terms this document
customer has the meaning given by clause 2
customer equipment server/s and associated equipment and, where they
are connected to telecommunications services
provided by a carrier, those connections
dictionary this table of defined terms
disputed amount in relation to a billing dispute means the amount within
the relevant invoice that you dispute liability to pay
excess use charge a charge for use of a service in excess of any base
allowance
fixed service fees fees for any service that apply on a once only basis, or
on a periodic basis and are not variable based on
data volumes as between periods
force majeure an event or circumstance beyond our reasonable
control
general dispute any dispute or difference between us other than (a) a
billing dispute or (b) a claim by us solely for the
payment of money
GST GST within the meaning of the GST Act
GST Act A New Tax System (Goods and Services Tax) Act
1999 (as amended)
Loss any harm, losses or expenses of any nature whether
direct or indirect, secondary or consequential suffered
by you or anyone else
manufacturerÕs
warranty
a warranty given by the manufacturer or distributor of
a thing, or a person from whom we obtain a thing for
resupply
minimum term a period that we specify as such
Office hours between 9 a.m. and 5 p.m. on a business day
periodic fee a fee payable at regular intervals e.g. an amount per
month
personal information the same thing as in the Privacy Act 1988
price list our published list of fees and charges from time to
time
customer contract the documents indicated by clause 6
service description a guide or description we publish, describing a service
we offer, as amended from time to time
service terms has the meaning given by clause 4
repeating term a period that we specify as such
representative a delegate, authorised representative, employee or
agent
service any service that you request and we agree to supply,
generally as described in a service description
set up charge a charge that we describe as such, or any charge that
we require to be paid in respect of the set up or
establishment of a service
undisputed amount in relation to a billing dispute means the amount within
the relevant invoice that you do not dispute liability to
pay wholesaler a third party whose services we utilise in providing a
service to you
44.2. Interpretation
44.2.1. If an expression is defined in the dictionary in clause 0, that is what it means.
44.2.2. If an expression is defined in the dictionary, grammatical derivatives of that
expression have a corresponding meaning. (For instance, if to colour means
to paint red, then coloured means painted red.)
44.2.3. Headings and footnotes are only for convenience. They are to be ignored
when interpreting the agreement.
44.2.4. A schedule to a document is part of that document.
44.2.5. A reference to the singular includes the plural and vice versa.
44.2.6. Where one thing is said to include one or more other things, it is not limited to
those other things.
44.2.7. There is no significance in the use of gender-specific language.
44.2.8. A person includes any entity which can sue and be sued.
44.2.9. A person includes any legal successor to or representative of that person.
44.2.10. A reference to a law includes any amendment or replacement of that law.
44.2.11. Anything that is unenforceable must be read down, to the point of severance if
necessary.
44.2.12. Anything a party can do, it may do through an appropriately authorised
representative.
44.2.13. Any matter in our discretion, including anything that we may do, is in our
absolute and unfettered discretion.
44.2.14. Expressions in clause 18 in italics have the same meaning as in the GST Act.
44.2.15. Apart from the matters set out in black and white in a customer contract, we are
not obliged to provide any service, and make no promise or representation, to
you.
Service Agreement
-----------------------------------------------------------------------------------------------------------------------------------
Name.com.au Web Hosting Service Terms
-----------------------------------------------------------------------------------------------------------------------------------
1. About
These terms are service terms for our virtual web hosting plans.
2. Application
These terms apply to all virtual web hosting services and plans we provide, and form part
of our customer contract with you. They must be read in conjunction with our core terms
at http://www.name.com.au.com.au/service/
3. Web hosting services
3.1. Unless we advise you otherwise our virtual web hosting services mean:
3.1.1. allotting you hard drive space on one of our virtual web servers;
3.1.2. giving you FTP access to upload and update the material for its web site;
3.1.3. allocating the web site an IP address;
3.1.4. arranging for the IP address and your domain name to be registered in
the DNS, where we have agreed to do this for you;
3.1.5. using reasonable endeavours to keep the web site available for access
on the world wide web;
and any other functionality which we specify in our plans from time to time.
4. Service levels
4.1. There are no service levels with our plans, unless we agree to any in writing.
4.2. In the absence of service levels we cannot guarantee performance.
4.3. We may notify you of scheduled maintenance times which may affect performance
of the service.
5. Virtual web hosting
5.1. You are responsible for:
5.1.1. the whole of the design and implementation of your web site; and
5.1.2. choosing the right virtual web hosting plan for your purposes.
5.2. Apart from the operating system and the web server software on a server, any
software (e.g. CGI scripts) made available by us is supplied on an as-is basis, and
without any warranty, and you are solely responsible for satisfying yourself as to
its suitability for your purposes.
5.3. You must:
5.3.1. not publish any content that exposes us to the risk of legal actioin;
5.3.2. not use the web site or allow it to be used for any unlawful purpose;
5.3.3. not use the web server for testing or developing applications;
5.3.4. not run any application on a web server that may impair the operation of
the web server;
5.3.5. not store log files for longer than 30 days, otherwise we will delete them;
5.3.6. keep a backup copy of all material you upload to the web server;
5.3.7. download and backup from the web server, any data that is created on
the web server as often as necessary to ensure that loss of data will not
cause significant harm;
5.3.8. observe all proper practices and procedures in relation to the security of
the web site;
5.3.9. remove any application that we determine to be harmful to the web site or
web server;
5.3.10. indemnify us against any harm we may suffer from a breach of these
obligations, or as a direct or indirect result of the publication of the web
site.
5.4. If you chose to use DNS services that are not supplied by us, then we have no
liability at all if those services are inadequate in any way.
5.5. We may refuse to accept as part of a web site any application that we consider
may cause harm or be a security risk.
6. Disk quotas
6.1. Depending on your plan, you will have a specified maximum disk quota for your
web site, including its public FTP directory.
6.2. It is your responsibility not to exceed disk quotas.
6.3. You acknowledge that exceeding disk quotas may cause your web site, FTP to
malfunction. If that happens, we have no responsibility.
6.4. If you exceed your disk quota then we may impose excess charges.
7. Backup services
7.1. We will back up the virtual web server that contains your web site at our discretion.
7.2. The backup regime will not be tailored to your needs, and you are solely
responsible for deciding if it is adequate for its purposes.
7.3. If you request us to restore any data, we will do so if we can from the backups
then available.
7.4. If we cannot, we are not liable to anyone in any way.
8. Supported hardware and software
8.1. We will only provide supported software for use on a virtual web server Ð this will
vary depending on the plan you choose.
8.2. Even in the case of supported software, we may decline to permit certain
functionality to operate (for example, certain FrontPage extensions, or CGI scripts
other than those supplied by us). You are responsible for familiarising yourself
with what functionality is not permitted.
9. Supply of software
9.1. We will procure and own any software licences that are required for the purposes
of these terms and specified in a virtual hosting plan.
9.2. Otherwise, you are solely responsible for selecting and procuring licences for any
software you require for the purposes of your web site or email services, and for
ensuring that it is compatible with our hardware and software.
9.3. We may change, remove or update any version of the software that runs on our
web servers without notice Ð but where we intend to change, remove or update
any software on our web servers we will endeavour to give you notice.
9.4. Where we provide updated software it is your responsibility to ensure that any
updated software is wholly compatible with your web hosting requirements.
10. Acceptable use policy
You must use these services subject to our AUP.
11. Security
11.1. We will provide a firewall for the server configured in accordance with good
practice.
11.2. You acknowledge that:
11.2.1. you are solely responsible for familiarising yourself with the details of the
configuration of our firewall, and for satisfying yourself that it is an
appropriate configuration for your needs;
11.2.2. we are not responsible for any failure of any firewall or other security
hardware or software, to provide full protection of web server/s or any
web site;
11.2.3. we are not obliged to alter the configuration of our firewall to suit you.
11.2.4. any degree of Internet access involves security risks, and it is not feasible
to exclude all security risks, as threats to Internet security are continually
being discovered.
11.3. We may block, restrict access to or block public access to web content or a web
site where we believe such content or web site has been exploited or poses a
security risk in our absolute discretion.
12. FTP access
Where a plan includes FTP access by persons other than yourself:
12.1. you are solely responsible for ensuring that the public FTP directory contains
nothing that should not be available to those persons;
12.2. the public FTP directory and the material in it are taken to be part of your web site.
13. Domain names and IP addresses
13.1. Unless we agree to register a domain name for you, you must do all that is
required to register and maintain registration for your domain.
13.2. Any IP address that we make available for your use always remains our sole
property and is subject to change where we intend to change your allocated IP
address we will endeavour to notify you.
14. Excess data usage
14.1. If the volume of data coming to or from your web site exceeds any pre set quota in
your plan, then you are liable for the payment of excess charges.
14.2. If you have reason to anticipate that the volume of data coming to or from your
web site will vary significantly, you must give us notice immediately.
14.3. If we request it, you must in good faith give us forecasts of your anticipated
requirements for disk quotas, or the volume of data coming to or from your web
site from time to time.
14.4. We may require you to upgrade your plan, where you exceed your data usage
exceeds your pre set quota under your plan.
15. Customer contract
15.1. We may delete any of your data left on a virtual web server after the end of this
customer contract.
15.2. You are solely responsible for downloading any data that you wish to retain from
or associated with your web site, before the end of this customer contract.
15.3. We are not responsible for the loss of any data associated with your web site
because you failed to back up it up.
15.4. If any data is left on a web site the end of the customer contract, we may back it
up or duplicate it in any manner we think is suitable, but we do not have to.
Virtual Web Hosting Service Terms
16. Non merger
Clause 15 continues in force after a customer contract for virtual web hosting services
ends.
17. Dictionary
words mean application software in object code and compiled/executable format plan a specific
virtual web hosting product
publish to make something visible or accessible by use of
any service or facility we provide you
web server a server that makes a web site visible on the internet
Acceptable Use Policy
-----------------------------------------------------------------------------------------------------------------------------------
.Name.com.au Acceptable Use Policy (AUP)
-----------------------------------------------------------------------------------------------------------------------------------
1. Who does this AUP apply to?
This AUP applies to anyone who uses our services, and is a condition of your customer
contract with us.
2. What does this AUP prohibit?
Our service must not be used to:
2.1. abuse, menace, harass, intimidate or stalk anyone;
2.2. break the law or allow another person to break the law;
2.3. damage property including intellectual property;
2.4. injure anyone;
2.5. mislead or deceive anyone including the creation of spoof websites;
2.6. facilitate the commission of a tort, or breach of contract;
2.7. allow for the misuse of anyones confidential information;
2.8. misuse or allow for the misuse of anyones personal information, sensitive information or health
information, as defined by the Privacy Act 1988;
2.9. facilitate or engage in any act or omission which is in contravention of the SPAM
Laws;
2.10. deceive, access or manipulate (or allow anyone else to) our billing systems or
any part of our network;
2.11. interfere with someone elses computer without their permission;
2.12. allow a minor to view or access material which is inappropriate (or not classified
for minors) for minors including pornography;
2.13. send or distribute any virus, worm, trojan or other malicious code;
2.14. send alter or create an electronic message (including spoofing) to conceal the
true identity of the person from whom it originates;
2.15. interfere with the proper operation of a website, newsgroup, forum or chatroom;
2.16. use a remote system (such as a mail server or proxy server), without the
authorisation of the owner of it, for the transmission of data;
2.17. operate a service such as a mail server or proxy server, without proper controls
to prevent the use of the service by unauthorised third parties for the
transmission of data;
2.18. control or contribute to a Denial of Service attack;
2.19. send, display or publish material which:
2.19.1. is obscene or offensive;
2.19.2. is defamatory or potentially defamatory;
2.19.3. would contravene anyones intellectual property rights;
2.19.4. is likely to incite sexual, religious or racial hatred, violence,
discrimination or vilification; and
despite anything to the contrary users of our services must not do anything to procure
another person to do any of the things prohibited under this AUP.
3. Do additional terms apply to this AUP?
3.1. Minors should not use or access a service unless they:
3.1.1. have the consent of an adult responsible for them; or
3.1.2. they are under the supervision of an adult responsible for them.
3.2. The prohibitions in this AUP are in addition to and not instead of those contained
in your customer contract.
3.3. Our Copyright Policy and any other policy regulating use of our service forms
part of this AUP.
3.4. We recommend that all users and commercial content providers who use our
service review the information provided at www.iia.net.au/guideuser.html, and
www.netalert.com.au;
3.5. If you use one of our services to provide commercial content, we recommend
that you adequately label the content, an example of a labeling system is
administered by Internet Content Rating Association (ICRA) www.icra.org.
4. What are the special terms that apply to SPAM?
4.1. Definitions in this clause are referred to in clause 5.
4.2. Acceptable use in relation to SPAM
You may not use the Service to:
4.2.1. send, allow to be sent, or assist in the sending of SPAM;
4.2.2. use or distribute any software designed to harvest email addresses; or
4.2.3. otherwise breach SPAM Laws.
4.3. Our rights to suspend the Service
In addition to, and without prejudice our other rights of suspension, we may
suspend our provision of the Service to you in the following events:
4.3.1. if the Service provided to you is being used to host any device or
service that allows email to be sent between third parties not under your
authority and control; or
4.3.2. if you are in breach of clause 4.2 above;
provided however that we will first make reasonable attempts to contact you and
give you the opportunity to address the problem within a reasonable time period.
What is reasonable in this context will depend on the severity of the problems
being caused by the open service of breach referred to above.
4.4. Customer to minimise risk of breach
You agree to use your best endeavours to secure any device or network within
your control against being used in breach of clause 4.2 above by third parties,
including where appropriate:
4.4.1. the installation and maintenance of antivirus software;
4.4.2. the installation and maintenance of firewall software; and
4.4.3. the application of operating system and application software and
patches and updates.
Our right to suspend your account applies regardless of whether the open
service is provided or the breach is committed intentionally, through
misconfiguration, or by other means not authorized by you including but not
limited to through a Trojan horse or virus.
4.5. Our right to scan for misconfigurations
We may scan any IP address ranges allocated to you for your use with the
Service in order to detect the presence of open or otherwise misconfigured mail
and proxy servers.
4.6. Our right to terminate the Service
If the Service is suspended and the grounds upon which it was suspended are
not corrected by you within 7 days, we may terminate the Service. If the Service
is terminated under this clause, you may apply for a pro rate refund of any prepaid
charges for the Service, but we have the right to levy a reasonable fee for
any costs incurred as a result of the conduct that resulted in the suspension.
5. Dictionary
In this AUP, unless the context indicates otherwise:
the expression: means:
AUP our Acceptable Use Policy
service a service or services that we provide
SPAM includes one or more unsolicited commercial
electronic messages with an Australian link for
purposes of the SPAM Act 2003, and derivations
of the word ÒSPAMÓ have corresponding
meanings
SPAM Laws the SPAM Act 2003, the SPAM Regulations
2004, the Internet Industry SPAM Code of
Practice, and any other statute, regulation,
determination, order or industry code that may
regulate or apply to SPAM from time to time
AUSTRALIAN DOMAIN NAMES
-----------------------------------------------------------------------------------------------------------------------------------
AUSTRALIAN DOMAIN NAMES TERMS AND CONDITIONS
-----------------------------------------------------------------------------------------------------------------------------------
Summary of Terms and Conditions
Part A - Applicable to Australian Residents and/or .au domain applications
If your application for a domain name is accepted and approved, you will be granted a two year Domain
Name Licence for that domain name
You are required to make several statements to us in relation to your
domain name application - please read them carefully to ensure that
those statements are correct
You are entitled to transfer your domain name registration to another registrar, and we will facilitate such
transfer for you according
to our obligations under auDA's Published Policies (see <www.auda.org.au>)
You are bound by the .au Dispute Resolution Policy (auDRP) in relation to your registered domain name,
as well as such other dispute resolution
policy which may be adopted by auDA from time to time
You accept that our liability and auDA's liability to you under these terms and conditions are limited
1. Definitions
In this document, unless the context requires otherwise:
auDA means .au Domain Administration Limited ACN 079 009 340, the .au domain names administrator.
Domain Name means the domain name which is the subject of your application, and if successful, the
Domain Name Licence.
Domain Name Licence means your licence to use the Domain Name which is the subject of your application.
Published Policies means those specifications and policies established and published by auDA
from time to time at <www.auda.org.au>.
Registry Operator means the operator of the domain names registry for the Domain Name.
We, our or us refer to DOMAIN CENTRAL PTY LTD, ABN 22 105 543 226, the registrar of record for your
Domain Name Licence.
You or your refer to the person applying for, or the holder of, a Domain Name Licence.
2. GENERAL
You are bound by the terms of this document, even if you have entered into this document through
an agent, and even if you licence the use of the Domain Name to another person.
3. DOMAIN NAMES APPLICATION AND REGISTRATION
3.1 Your application for a Domain Name must be in the form prescribed under the Published
Policies. The Domain Name must comply with the Published Policies.
3.2 You accept that even if we have accepted and approved your Domain Name application, the
application may still be rejected by the Registry Operator in performing its final integrity checks.
3.3 You accept that neither you, nor we, have any proprietary right arising from the registered
Domain Name, or the entry of a Domain Name in the domain names registry.
3.4 All personal information pertaining to you are held by auDA for the benefit of the Australian public.
4. DOMAIN NAME LICENCE
4.1 Your Domain Name Licence will be effective for a two year period, once:
- your application is accepted and approved by us and by the Registry Operator, and
- you have paid the applicable fees,
unless it is cancelled earlier under the terms of this document or under any Published Policies.
4.2 Your Domain Name Licence may be renewed every two years, as long as you:
- pay the applicable renewal fees, and
- continue to meet the eligibility criteria prescribed in the Published Policies.
4.3 You accept that it is your responsibility to ensure that your Domain Name Licence is renewed.
4.4 You may cancel your Domain Name Licence at any time by notifying us in writing.
4.5 We may cancel your Domain Name Licence if you breach any provision of this document.
5. YOUR STATEMENT TO US
5.1 You confirm and state to us and to auDA separately that:
- all the information set out in your Domain Name application, and all information you give us, are true, complete and correct, and are not misleading or deceptive, and your application is made in good faith, and
- you meet, and continue to meet, for the duration of the Domain Name Licence, the eligibility criteria prescribed in the Published Policies for registering the Domain Name, and
- you have not previously submitted an application for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:
-- you are relying upon the same eligibility criteria for both domain names, and
-- the Domain Name has previously been rejected by the other registrar, and
- your registration or use of the Domain Name does not infringe any person's legal rights, and
- you are aware that even if the Domain Name is accepted for registration, your entitlement to register the Domain Name may still be challenged by others who claim to have an entitlement to the Domain Name.
5.2 You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or auDA may cancel your Domain Name Licence.
5.3 You agree to indemnify us and auDA separately for any loss or damage suffered by us or auDA as a result of any of us relying upon your above statements.
6. OUR OBLIGATIONS TO YOU
6.1 Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.
6.2 We will give you immediate notice if:
- we are no longer an accredited registrar, or
- our auDA Accreditation is suspended or terminated, or
- our registrar agreement with auDA is terminated by auDA.
6.3 auDA may post notice of:
- the fact that we are no longer an accredited registrar, or
- the suspension or termination of our auDA Accreditation, or
- the termination of our registrar agreement with auDA,
on its web site, and may, if it considers appropriate, give such notice to you directly.
7. YOUR OBLIGATIONS TO US
7.1 You must comply with the Published Policies, as if they were incorporated into, and form part of, this document. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of such inconsistency.
7.2 You acknowledge that under the Published Policy:
- there are mandatory terms and conditions that apply to all domain names licences, and such terms and conditions are incorporated into, and form part of, this document, and
- you are bound by, and must submit to, the .au Dispute Resolution Policy (auDRP), and
- auDA may delete or cancel the registration of a .au domain name.
7.3 Throughout the period of your Domain Name Licence, you must give notice to the Registry Operator (through us) of any change to any information which you have given us.
8. USE OF YOUR INFORMATION
You give to:
8.1 auDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Published Policies;
8.2 us, the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the Domain Name in the domain names registry;
8.3 the Registry Operator, the right to publicly disclose to third parties, all information relation to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service,
provided that such disclosure is consistent with the National Privacy Principles, and the Published Policies.
9. DISPUTE RESOLUTION
9.1 auDA has in place a dispute resolution called the auDRP (which stands for .au Dispute Resolution Policy), which applies in the event of a dispute between a registrar and a domain name licence holder, or between a domain name licence holder and a third party, in relation to entitlements to domain names.
9.2 The auDRP binds you and us severally as if it were incorporated in this document.
9.3 You accept that:
- auDA may develop and implement other dispute resolution policies which are accessible by you as an alternative and further to any complaints handling procedure adopted by us, and
- such policies bind you and us severally as if they were incorporated in this document.
10. TRANSFER OF REGISTRARS
10.1 We will ensure that you can easily transfer your Domain Name registration to another registrar in accordance with the Published Policies. The Published Policies will address such matters as:
- the maximum fees which we can charge you for such transfer,
- when we are not allowed to charge you fees,
- the conditions under which we must transfer the registered Domain Name, and
- the conditions under which we are entitled not to transfer the registered the Domain Name.
10.2 If:
- we are no longer an accredited registrar, or
- our auDA Accreditation is suspended or terminated, or
- our registrar agreement with auDA is terminated by auDA,
then we will transfer the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of a written notice being provided to you by auDA.
10.3 If our registrar agreement with auDA is terminated, we will not charge you any fee for the transfer of the registered Domain Name to another registrar.
11. LIMITATION OF LIABILITIES
11.1 You must not pursue any claim against auDA or against us, and to the fullest extent permitted by law, neither auDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA or us, or any of auDA's or our employees, agents or contractors, including but not limited to any breach by us of our obligations under this document, or under our registrar agreement with auDA.
11.2 You agree to indemnity, keep indemnified and hold auDA and us, and auDA's and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.
11.3 You accept and agree that if we have any outstanding fees owing to auDA, which gives auDA a right to terminate our registrar agreement with auDA, then auDA may in its sole discretion terminate the registrar agreement.
11.4 You accept and agree that neither auDA nor we are responsible for the use of any Domain Name in the domain names registry, and that auDA is not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a domain name licence holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.
11.5 Despite any other provision of this document, and to the fullest extent permitted by law, neither auDA nor we are liable to you for consequential, indirect or special losses or damages of any kind (including without limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by you as a result of any act or omission whatsoever of auDA or us, and our respective employees, agents, or sub-contractors.
11.6 Nothing in this document is to be read as excluding, restricting or modifying the operation of Trade Practices Act 1974, or the application of any legislation which by law cannot be excluded, restricted or modified.
12. OUR AGENCY
We enter into this document as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of the rights and covenants conferred to it under this document. auDA is an intended third party beneficiary of this document.
13. GENERAL
13.1 In this document:
- a reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties;
- a reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form;
- headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document; and
- where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.
13.2 All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect
13.3 If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.
13.4 This document is governed by and is to be construed in accordance with the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and waives any right to object to proceedings being brought in those courts.
[Service Agreement]
NEW ZEALAND DOMAIN NAMES
-----------------------------------------------------------------------------------------------------------------------------------
NEW ZEALAND DOMAIN NAMES TERMS AND CONDITIONS (where applicable)
-----------------------------------------------------------------------------------------------------------------------------------
Summary of Terms and Conditions
Part B - Applicable to New Zealand Residents and/or .nz domain applications
1. The Registrar's obligations
1.1. We agree that we will:
1.1.1. comply with all .nz policies and accurately represent these to you;
1.1.2. disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
1.1.3. comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
1.1.4. process any new .nz domain name registrations with the registry within 1 hour from the time we receive all the information required to complete a registration if it is within our advertised business hours of 12pm - 1am (Monday-Friday), and otherwise within 5 hours;
1.1.5. notify you of the registration of your domain name(s),including the details of the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
1.1.6. arrange for correction of any error in the information in the register about any domain name registered to you when requested;
1.1.7. provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
1.1.8. use your personal information only as authorised by you;
1.1.9. take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
1.1.10 comply with any order of any authority having jurisdiction regarding any domain name registered to you;
1.1.11. use our best endeavours to deal with any complaints you may have about the services we provide for you.
2. The Registrant's obligations
2.1 You agree that you will:
2.1.1. comply with the .nz policies. You agree that you have read and understood the current policies;
2.1.2. make sure all information you give is accurate and complete,keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
2.1.3. keep the unique authentication ID for your domain name and anyother security information that we give to you confidential, safe and secure;
2.1.4. satisfy yourself that your use of a domain name will not infringe anybody's intellectual property rights and fully indemnify us, and everybody we are in any business relationship with to provide services to you, from any such claim;
2.1.5. ensure that you only use our services for a lawful purpose;
2.1.6. ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
2.1.7. ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
2.1.8. fully indemnify us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
2.2. You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
3. Registration of a Domain Name
3. 1. When a domain name in the .nz domain name space is registered toyou, or in your name as directed by you, then you agree:
3. 1. 1. that the following information becomes available to any member of the public (whether in Australia, New Zealand or any other country):
3.1.1.1. your name;
3.1.1.2. your contact details; and
3.1.1.3. the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.
3.1.2. the domain name is registered in your name only because no other person has it according to the records of the register; and
3.1.3. neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the"who is" database shall not be taken as evidence of anything other than such registration; and
3.1.4. that you fully indemnify us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.
3.2. Your agreement to this clause 3 is your consent to the disclosure of your personal information as required by the Privacy Act 1988 (as amended);
4. Register is the record
For all purposes the details shown in the register shall be treated as correct and the authoritative record.
5. Payment of fees
5.1. You agree to pay for the services we provide for you.
5.2. If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
5.3. We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new feetakes effect.
5.4. Our usual fees are for Domain registration and maintenance services. We may also charge for Domain hosting and Design/Coding services provided by us. We will tell you before any additional charge is incurred.
5.5. Our prices are stated in [Australian] dollars and include GST[applicable local tax].
6. Suspension and refusal to supply services
6.1. If you do not pay our charges for a domain name registered to youwe may:
6.1.1. cancel registration of that domain name; or
6.1.2. refuse to provide a service you request.
7. Cancellation of Domain Name
If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.
Domain registration cancellations must be made in writing within 48-hours of submitting the order and must include reference to the DOMAIN NAME, and the member's USERNAME, & PASSWORD. If any of the other REGISTRANT WARRANTIES made at the time of registration or renewal are breached, a refund may be withheld.
For more information please read the Registrant Warranties Policy (2005-03) http://auda.org.au/policies/auda-2005-03/
8. Exclusion of Liability
8.1. We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of:
8.1.1. InternetNZ the registry and any other entity we are in any business relationship with;
8.1.2. every officer, employee, contractor, agent of us or any entity in clause 8.1:
8.1.3. anyone else we get to perform our duties under any agreement you have with us.
8.2. None of the persons specified above is liable or has to pay youfor anything else in connection with or resulting from anything any ofus does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.
8.3. this exclusion applies whatever you are claiming for and in whatever way liability might arise.
8.4. This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
9. Limitation of our liability
9.1. We have excluded all other liability we or any of the persons specified in clause 8 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 8 then this clause applies;
9.2. Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of last month's fee paid by you under this agreement.
10. Law and jurisdiction applying to this agreement
10.1. Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until the agreement is cancelled except to the extent clause 14 says otherwise.
10.2. To the extent legally permitted:
10.2.1. all our services are provided under New Zealand law;
10.2.2. any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;
10.2.3. except as otherwise stated, you may take action against usonly in a New Zealand court;
10.2.4. where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in anymatter concerning that name then we may recover the costs incurred byus from you.
11. Cancelling the agreement
11.1. We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
11.2. We may end this agreement for any other reason by giving you one month's notice.
12. More than one person
You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.
13. Each clause separately binding
13.1. Each clause of the agreement you have with us is separately binding.
13.2. If for any reason we, you, or any of the persons specified inclause 8 cannot rely on any clause, all other clauses of it are binding.
14. Rights and responsibilities that continue
The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under clauses 2, 4 - 10, 12 - 13, and this clause 14.
IMPORTANT NOTICE: By submitting this application for a domain name, you confirm that you are eligible to hold the domain name set out in this application, and that all information provided in this application is true, complete and correct, and is not misleading in any way. If any of the information is later found not to be true, or is incomplete, incorrect, or misleading in any way, or if you have submitted this application in bad faith, the domain name licence can be cancelled and you can permanently lose the use of the domain name.
[Service Agreement]
UK DOMAIN NAMES
-----------------------------------------------------------------------------------------------------------------------------------
.UK DOMAIN NAMES TERMS AND CONDITIONS
-----------------------------------------------------------------------------------------------------------------------------------
Summary of Terms and Conditions
Part C - Applicable to UK Residents and/or .uk domain application
By registering a domain name ending in .uk (with some very limited exceptions), you enter into a contract of registration with us (Nominet UK) on the following conditions, which includes conditions limiting our liability and relating to our use of your personal information. This contract is just for the domain name and separate to any arrangement you may have with any other organisation for providing internet services. For an explanation of the meaning of the endings of .uk names, see the rules on our website at www.nominet.org.uk.
We are a not-for-profit company limited by guarantee, generally performing these services on a cost-recovery basis, and we cannot investigate what rights you have to register or use the domain name. So, we think it is reasonable for us to limit our liability in certain respects so that we may continue to offer our services in the interests of the whole internet community.
This contract includes the DRS policy, the DRS procedure and the rules. You can get copies of these from our website or from us. Other policies we refer to do not form part of this contract and may change at any time.
Definitions
1 The following words marked in bold will have specific meanings in this contract.
'agent' Someone who may act on your behalf to deal with us, which will be shown in the WHOIS. Only certain people qualify, and they are known as tag-holders. See our website for a list.
cancel Cancelling this contract and your domain name are the same thing. The contract ends. The domain name will be deleted, will no longer work as part of a website or e-mail, and will be released to be registered again under our rules.
'consumer' You are a consumer if you are an individual not registering, using or planning to use the domain name as part of a business, trade or profession.
correct This means that the information must be good enough to allow us to contact you quickly at any reasonable time without having to get information from anywhere else, must not be deceptive, and (if possible for that type of information) must clearly identify you. For your name this also means that the information must be detailed enough that we can tell exactly who you are (in legal terms, exactly which legal entity we have this contract with).
domain name An internet domain name ending in .uk and under one of the second level domains (such as .co.uk, .me.uk or .org.uk) operated by us.
DRS policy,DRS procedure The policy and procedure of our dispute resolution service.
EEA The European Economic Area, which includes most European countries. Countries outside the EEA may not have strict laws to protect personal information.
name servers Computers that provide specific translation information in the domain name system.
notify Serving notice to you, your agent, authorised representative, contact (see condition 5.5) or us (see condition 36).
personal data Any information about an identifiable living person (for example, your name, address or phone number).
PRSS A service provided under strict contract to some people based in the EEA which allows them to search WHOIS data differently, but not to use it for marketing purposes.
register Our record of domain names and details about you, your agent (if you have one) and other information we need.
registry The single organisation which holds all records for domain names with the same ending (we run .uk) and operates the name servers for that domain.
rules Our rules which explain which domain names can be registered and which cannot.
special status Various special states your domain name may be in, such as suspended or 'detagged'. See our website for details. This will normally mean that you will remain listed as the person who has registered the domain name but the domain name itself will not work, and may mean that other actions with the domain name are blocked.
WHOIS A system which provides public information about domain names. See our website for details and how to use the WHOIS.
2 Also in this contract, the following words have special meanings but will not be put in bold.
conditions includes all parts of the contract, not just those that lawyers call conditions.
we, us, our Nominet UK (company number 3203859). See condition 35.
you, your - The person who is entering into this contract with us and who the domain name will be registered for.
What we will do
3 We are the registry for the .uk domain and we will carry out the general duties that we believe (after wide consultation) a modern, neutral and not-for-profit .uk registry should.
This includes (among other things):
3.1 processing your application to register or renew a domain name in the light of our rules, and your right (see condition 20) to renew;
3.2 maintaining overall ownership, control and responsibility for the register;
3.3 if we are listed as your agent or if it would be inappropriate for you to ask your agent to act (see condition 5) making changes to the register at your request or providing information about the .uk domain name system;
3.4 if the domain name is not in a special status, entering details about the domain name into our name servers; and
3.5 publishing procedures for you to renew the domain name and for recording a transfer, surrender or change of agent for the domain name.
What you must do
4 You have various responsibilities set out generally in this contract. You must also:
4.1 give and keep us notified of your correct name, postal address and any phone, fax or e-mail information and those of your contacts (if you appoint any, see condition 5.2). This duty includes responding quickly and correctly to any request from us to confirm or correct the information on the register;
4.2 notify us at once about any court proceedings which involve the domain name; and
4.3 notify us of the details of name servers for the domain name which you are allowed to use and which respond promptly and correctly about the domain name at all reasonable times.
Agents, representatives and security
5 For the security of your domain name we have the following procedures to try to make sure that our instructions come from you or someone allowed to act on your behalf.
5.1 We do not have to take any action, or make any change to the register, until we are satisfied that we have received a valid request from the right person.
5.2 You will help us with our security checks, provide any identification or documentary evidence we reasonably ask for, and allow us to keep copies of those documents for our files.
5.3 If you have an identifier (for example, a password, a token, personal information or a code) to use with us or our systems, you must keep it secret and safe because we will be allowed to assume that any action done or asked for using that identifier or a product of it was done or asked for by you or by someone authorised to act for you. We will be entitled to enforce procedures for dealing with lost, cancelled or insecure identifiers.
5.4 Your agent acts on your behalf in registering and maintaining the registration of the domain name so that, unless the matter relates to something covered by condition 5.6 below, any communication to or from your agent is taken as being to or from you. You should always contact your agent first with any request or question about your domain name or changes to it, as we will only act if we are satisfied that your agent cannot or will not. Be aware that your agent may be entitled to discounts on our fees so it may be cheaper for you to go through them.
5.5 We may also specify other types of authorised representative or contact whose instructions we will accept in certain cases, what types of instructions they can give us, and whether they can take your place if we need to notify you. If you notify us that you want someone to represent you, you are giving them power to act and us power to act on their instructions and (if this applies) notify them instead of or as well as you.
5.6 We will publish on our website from time to time certain activities which your agent is not allowed to do on your behalf or where we want to deal with you directly (or both).
Fees and payment
6 We are a not-for-profit organisation so our fees (see our website) reflect the cost of the work we do. To make sure that every person who registers a domain name pays their fair share of the costs of running the central registry, we:
6.1 may make a charge for any of the services we provide under this contract, as long as (where only we can provide the service) we believe the fee is set at a not-for-profit cost-recovery level only;
6.2 do not have to start any process, including any change to the register, until we (not just your agent) have received (within any time limit) any fee for that action and any other fees that have not been paid for the domain name or things done with it is your duty to make sure that we are paid and that there is enough information with the payment to make sure that we know which domain name it relates to;
6.3 may cancel the domain name without further notice if any debt relating to the domain name remains unpaid after the deadline we have set; and
6.4 unless condition 24 or 34 applies, or we have made a significant mistake, will not provide credit notes or refunds.
Your promises and indemnity
7 By entering into this contract you promise that:
7.1 you (or your agent) have the permission of any person whose personal data is to be held on the register in line with condition 11;
7.2 any identity and contact information you (either yourself or through your agent) send us must be correct;
7.3 you will send us the information needed under condition 7.2 as soon as possible, through your agent if possible, and you will keep them up to date;
7.4 by registering or using the domain name in any way, you will not infringe the intellectual property rights (for example, trademarks) of anyone else;
7.5 you are entitled to register the domain name; and
7.6 you have not registered the domain name in a way that fails to meet with any legal duty you have.
8 Unless you are a consumer, you will pay us (including the current or past members of our Board of Directors) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim that you have broken any of the promises in condition 7.
9 Our right to rely on the promises in condition 7 and indemnity in condition 8 will continue to be available after the domain name has been registered and will not be affected by the cancellation or transfer of the domain name.
Nature of domain names and the register
10 A domain name is not an item of property and has no owner. It is an entry on our register database reflected by our nameservers which we provide as part of this contract. As a result:
10.1 we will not be bound by, or record on the register, any mortgage-related obligations;
10.2 we own and keep all copyright and database rights in the register; and
10.3 you should not rely on the registration or continued registration of the domain name until we confirm that any application you make has completed and you confirm that your correct name is recorded in the register for the domain name.
Personal data
11 We will make your personal data available in the following ways, but not release it for any other purpose to any other person. We may:
11.1 include it on the register;
11.2 include it on the WHOIS (which is also available outside the EEA) and PRSS. For these purposes we will publish your name and (unless you are a consumer and choose to opt out) your address, but not your phone or fax number or e-mail address;
11.3 if they ask in writing, give your personal data to people with a legitimate reason for asking for it (based on the exemptions in the Data Protection Act 1998 or similar laws that replace or follow it), including government or law enforcement agencies;
11.4 give your personal data to your current or proposed agent (or both); and
11.5 use it as set out in the DRS policy and DRS procedure.
12 You may write to us to ask for a copy of the personal data we hold about you, or you can look at the WHOIS, or you can ask your agent. Please note that if, at any point, we discover that you are not a consumer, we may automatically cancel your opt-out (see condition 11.2) without notifying you.
13 By registering a domain name you agree to us using your personal data as explained in conditions 11 and 12.
The dispute resolution service
14 You agree to be bound by:
14.1 the DRS policy and DRS procedure; and
14.2 if there is a dispute, the version of the DRS policy and DRS procedure (available on our website) which applies at the time that proceedings under the dispute resolution service start, until the dispute is over.
15 We (including in this case our directors, officers, staff of all types and any expert) will not:
15.1 be liable to you or anyone else for anything done or not done in connection with any proceedings under the dispute resolution service, unless the act or lack of action is shown to have been in bad faith; and
15.2 be asked or forced to reveal information or materials which we gained as a result of the informal mediation stage of the dispute resolution service, unless ordered by a court with relevant jurisdiction.
Cancelling or altering the domain name
16 We may cancel or put the domain name into a special status by notifying you if:
16.1 we receive independent proof that you have provided significantly inaccurate, not correct, unreliable or false contact details (including names), failed to keep your contact details up to date, or failed to give us those details at all;
16.2 you have broken any part of condition 7 or 8;
16.3 the domain name is being used in a way that is likely to endanger any part of the domain name system or our systems and internet connections; or
16.4 you have broken any of the conditions (including the rules, DRS policy and DRS procedure) and (in the case of a matter which it is possible to put right and which is not covered by condition 6.3, 16.1 to 16.3 or 17) you do not put it right within 30 days of us notifying you.
17 We may (but do not have to) transfer, cancel, alter or amend the domain name, put it in a special status or prevent its renewal:
17.1 on your instructions (including the absence of instructions to renew - see condition 20), or by someone apparently acting for you (see condition 5);
17.2 if we reasonably believe that the contact details on the register for you are so inaccurate or false that we would not be able to notify you of the change;
17.3 if we reasonably believe that the changes to update the register or to correct any error, ambiguity or inaccuracy relating to the domain name registration (including any error in making the domain name available for registration or an error in a previous cancellation of the domain name) would make it more accurate;
17.4 if you withdraw your permission to having your personal data displayed on the WHOIS or PRSS (not including cases where a consumer is using the opt-out);
17.5 to carry out the decision an expert has made under our dispute resolution service; or
17.6 if we receive a complete and valid court order which we or you (or both) must obey, or if not making the changes the court orders would be a contempt of court by us or you.
18 If you are an individual, this contract will end if you die and the person legally appointed to deal with your assets after you die does not transfer the domain name (either to themselves or someone else) within a year of your death (or the end of their appointment, whichever comes first).
19 If you are not an individual, this contract will end if you complete a liquidation or disbandment process or otherwise no longer exist, even if (where possible) you are later restored by an official or court order or decision.
Duration, renewal and transfer
20 Unless ended earlier under this contract, we will enter your domain name on the register for two years. If we receive your renewal request and fee in the standard format by the deadline we set, and in line with the conditions of this contract generally, you will have the right to enter into a new contract with us on the same standard conditions that we are then offering to people registering new domain names. The specific procedure which applies to renewals is set out on our website, or you can ask your agent.
21 We may transfer our rights and responsibilities under this contract to anyone else.
22 If you want to transfer your domain name to someone else, you must, as well as any general requirements in this contract:
22.1 use our current published transfer process; and
22.2 make sure that the person taking over the domain name accepts what remains of this contract in full.
23 If you do not transfer your domain name (as needed by condition 22) there will be no valid transfer of this contract and domain name, and no document or agreement attempting or claiming to transfer the domain name or this contract (or both) will have any effect.
24 If you are a consumer, you may have a right to cancel this contract under the Consumer Protection (Distance Selling) Regulations 2000 or similar laws amending or replacing it. The right must be claimed within seven working days of the start of the services (which include security-check work). If this happens, we will cancel this domain name and provide you or your agent (depending on who paid us) a full refund within 30 days. If we pay your agent, you may still have to get a refund from them.
Exclusions and limitations of liability
25 Please note the explanation about liability at the beginning of this contract. However, nothing in these terms limits or excludes our liability for fraudulent misrepresentation or death or personal injury caused by our negligence.
26 By registering the domain name, we are not acknowledging that you have any rights in any words within the domain name, and we are not authorising you to use the domain name as part of a business.
27 We will not be liable to you whether under contract law, the legal rules about duties to other people (known as the law of tort) including negligence or otherwise, for:
27.1 any loss of profit, revenue or other type of economic loss (whether direct or indirect);
27.2 loss of business or contracts;
27.3 loss of expected savings or goodwill; or
27.4 any losses which a court categorises as consequential, or indirect arising out of or in connection with the contract, including but not limited to:
27.4.1 any mistake or m |
