Domain Name terms
Please read this agreement in its entirety. All users of our service will be bound by this agreement. This agreement applies to all domain name extensions. We may change this agreement from time to time. Your use of our Services after the date on which updates are stated shows your unconditional agreement to them as set out below.
1. The Registrar's Obligations
We agree that we will:
1.1 comply with your lawful directions in a diligent and timely manner regarding your domain name,(for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
1.2 arrange for correction of any error in the information in the register about any domain name registered to you when requested;
1.3 comply with any order of any authority having jurisdiction regarding any domain name registered to you;
1.4 use our best endeavours to deal with any complaints you may have about the services we provide for you.
2. The Registrant's Obligations
You agree that you will:
2.1 comply with all applicable domain name policies. You agree that you have read and understood the current policies;
2.2 make sure all information you give us 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;
2.3 keep any 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.
3. Registration of a Domain Name
When a domain name 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.
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 Our usual fees are for the domain name registrations and renewals, but we may also charge you for web hosting and email services provided by us upon your request. We will tell you before any additional charge is incurred.
5.4 Our prices are stated in New Zealand dollars.
5.5 If you fail to pay your bill for any services offered by us, excluding domain name registrations and renewals, your service will be cancelled without notice and the outstanding amount due will be recovered through our debt collection agency. Our debt collection agent may charge you a fee equal to 25% of the unpaid portion of the bill, but not less than $50.00. Where the total debt collection agency costs, legal and other costs arising from the collection of any owing amount exceeds the debt collection fee charged, our debt collection agent is also entitled to recover such additional costs from you.
7. 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.
8. Exclusion of Liability
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 every officer, employee, contractor, agent of us
8.2 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.
9. 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 amount of the last month's fee paid by you under this agreement.
10. 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.
11. Cancelling the Agreement
11.1 We may end the agreement for any other reason by giving you one month's notice.
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