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nz Domain Name
Terms & Conditions
SEO
Help Solutions are an authorised reseller of Aust Domains. All domain
name registrations, renewals and other domain name maintenance services
provided by Aust Domains via authorised resellers are governed by the
following terms and conditions. Any conflict between the .nz terms and
conditions and any other terms which might apply, the .nz terms take
precedence.
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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.
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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.
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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.
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Register is the
Record
For all
purposes the details shown in the register shall be treated as
correct and the authoritative record.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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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