Terms and Conditions governing the
provision of services by Aust Domains
All domain name registrations, renewals and other domain name
maintenance services provided by Aust Domains are governed
by the following terms and conditions. If you agree with these
terms and conditions then scroll to the bottom of this page
and click the “I Agree” button. If you do not
agree with these terms and conditions then you should simply
close this window. Any conflict between the .nz terms and
conditions and any other terms which might apply, the .nz
terms take precedence.
- The
Aust Domains Obligations
We
agree that we will:
1.1
comply with all .nz policies and accurately represent these
to you;
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;
1.3 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);
1.4 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 9 am.- 6 pm Monday-Friday,
and otherwise within 2 hours;
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;
1.6 where requested:
arrange for correction of any error in the information in
the register about any domain name registered in your name;
and - provided that such request is made within 5 days of
the registration of a domain name by you, correct any error
made by you in the domain name itself or cancel the domain
name's registration;
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;
1.8 use your personal information only as authorised by
you;
1.9 take all reasonable steps to safeguard and protect all
information about you stored in our databases and system(s);
1.10 comply with any order of any authority having jurisdiction
regarding any domain name registered to you; and
1.11 use our reasonable endeavours to deal with any complaints
you may have about the services we provide for you.
- The
Registrant's Obligations
You agree that you will:
2.1 comply with all .nz policies. You agree that you have
read and understood the current .nz policies and warrant
that your application for a domain name or request for other
services pursuant to this agreement does not breach any
.nz policy. You acknowledge that we have no control over
any requirements that may be imposed by the .nz policies
and that the applicable
New Zealand policy setting bodies may change the .nz policies
from time to time without consulting either of us and that
you shall be bound by any such changes;
2.2 make sure all information you give us is true, 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. You acknowledge that we may decline or be
unable to register or renew a domain name, cancel a currently
registered domain name or decline to provide you with other
services where the information provided by you is incomplete,
incorrect or otherwise unacceptable to us.
You further acknowledge that:
-
any spelling or other mistakes with a domain name cannot
be amended unless brought to our -
--attention within 5 days of the domain names registration;
- outside this 5 day period changes to the details relating
to a domain name may be changed but -
not the domain name itself; and
- we shall not be liable to refund any fees paid by you
in respect of any domain name registered -
with any spelling or other mistakes;
2.3 keep the unique authentication ID for your domain name
and any other security information that we give to you confidential,
safe and secure;
2.4 satisfy yourself that your use of a domain name will
not infringe anybody's intellectual property rights and
protect us, and everybody we are in any business relationship
with to provide services to you, from any such claim;
2.5 ensure that you only use our services for a lawful purpose;
2.6 ensure that the use of any domain name registered to
you does not interfere with other users of the Internet;
2.7 ensure that any order of any authority having jurisdiction
regarding any domain name registered to you is complied
with;
2.8 protect 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.
Duties
of Other Persons
2.9 You agree to make sure everyone
you are responsible for or who uses a domain name registered
to you also meets the above duties.
- Registration
of a Domain Name
When
a domain name in the .nz domain name space is registered
to you, or in your name as directed by you, then you agree:
3.1 that the following information becomes available to
any member of the public:
- your name,
- your contact details and
- the domain name, its commencement and expiry dates and
addresses/details of the name ------
servers for it, and our name.
3.2 the domain name is registered in your name only because
no other person has it according to the records of the register;
and
3.3 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
3.4 that you protect 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.
-
Register is the Record
For all purposes
the details shown in the register shall be treated as correct
and the authoritative record.
- 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 or institute
new fees at any time, for any reason, at our sole discretion.
When we alter them we will send you notice of the alteration
30 days before the new fee takes effect.
5.4 Our usual fees are for domain name registration and
renewal. We may also charge for any other services provided
to you by us, including any programming or configuration
requirements outside of the scope of standard registration,
change of reference to registrants. We will tell you before
any additional charge is incurred.
5.5
Our prices are stated in New Zealand dollars and include
GST.
5.6 If you do not pay our charges for a domain name that
we register or renew for you we may refer any such amounts
owed by you to a debt collection agency and you shall be
responsible for payment of all charges that may be incurred
in the recovery of such unpaid amounts; and
5.7 We may at our discretion charge you interest on all
overdue amounts at the rate of 18% per annum, compounding
daily.
5.8 All fees are non-refundable, in whole or in part, even
if your domain name registration is suspended, cancelled
or transferred prior to the end of your then current registration
term.
5.9 Your domain name application, renewal application, or
registrar transfer request will not be submitted to the
registry unless we receive actual payment of the registration,
renewal, or transfer fee, or reasonable assurance of payment
of the registration, renewal, or transfer fee from some
other entity (such reasonable assurance as determined by
Aust Domains in its sole discretion). In any case, we may
in our sole discretion register or renew a domain name for
a period less than that for which you may have applied pending
receipt of cleared funds from you for such services. Subsequent
to the receipt of cleared funds we will amend the register
so that the registration or renewal is for the full term.
5.11 The administrative contact for any domain name you
register will be notified by e-mail 90 days, 60 days, 30
days and 7 days before a renewal fee is due. The renewal
notification will contain a link to a payment page where
your domain name can be renewed. Failure to renew a domain
name you have registered will result in the domain name
being cancelled. This will cause any email and website hosting
services for that domain name to cease operating.
5.12 Cancelled domain names will be held for a period of
90 days. During this 90 day period you can reinstate the
domain name by paying any outstanding renewal fees. If you
do not reinstate a cancelled domain name within the 90 period
then the domain name will be returned to the pool of available
names for public registration.
- Suspension
And Refusal To Supply Services
If
you do not pay our charges for a domain name registered
to you we may:
- cancel registration of that domain name; or
- change the delegation associated with that domain name
to prevent it being visible in the DNS; --or
- refuse to provide a service you request.
- Cancellation
of a 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.
If we are going to cancel the registration of a domain name
registered to you because the information provided by you
is incomplete, incorrect or otherwise unacceptable to us,
we will give you fourteen days notice before we initiate
action to cancel that domain name, except where doing so
would result in Aust Domains incurring additional charges
from third parties, in which case Aust Domains shall be
entitled to cancel the registration of the domain name prior
to incurring such charges.
-
Exclusion of Liability
To the extent permitted by law we
exclude all liability, (including without limitation, any
liability for direct, indirect or consequential loss or
damage that may arise from any breach or failure by Aust
Domains to perform its obligations under this agreement
or any negligent acts of Aust Domains) 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 InternetNZ, the registry and any other entity we are
in any business relationship with;
8.2 every officer, employee, contractor, agent of us or
any entity in clause 8.1; and
8.3 anyone else we get to perform our duties under any agreement
you have with us.
None of the persons specified above is liable or has to
pay you for anything else in connection with or resulting
from anything any of us does or does not do, or delays in
doing, whether or not it is contemplated or authorised by
any agreement you have with us.
This exclusion applies whatever you are claiming for and
in whatever way liability might arise. 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.
- Limitation
of our Liability
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. 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 total amount of the fees incurred by you during the
last calendar month in which fees were incurred by you under
this agreement.
-
Law and Jurisdiction Applying to this Agreement
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 this agreement is cancelled except to the extent clause
14 says otherwise.
To the extent legally permitted:
10.1 all our services are provided under New Zealand law;
10.2 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;
10.3 except as otherwise stated, you may take action against
us only in a New Zealand court;
10.4 where you or any registrant for whom you act supplies
incorrect information regarding a domain name and we incur
cost in any matter concerning that name then we may recover
the costs incurred by us from you.
- 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 the agreement for any other reason by giving
you one month's notice.
- 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 ourselves that you have permitted those persons
to act for you.
- Each
Clause Separately Binding
Each clause of the agreement you
have with us is separately binding.
If for any reason we, you, or any of the persons specified
in clause 8 cannot rely on any clause,
all other clauses of it are binding.
- 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 2, 4 - 10, 12 – 13 and
this clause 14.
Further reading:
http://www.dnc.org.nz/policies
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