Domain Name Registration
Registration and ongoing use of the domain name is subject to availability and approval of Domain Name Management and the relevant registrar and/or naming authority. It is the Client's responsibility to ensure they comply with the relevant registrar and/or naming authority's terms and conditions, and the Client waives any claims against Domain Name Management in respect to those terms and conditions.
Domain Name Management does not warrant or guarantee that the applied domain name will be available. Domain Name Management accepts no responsibility in respect to the use of a domain name.
To protect the privacy of our Clients and their domain names, Domain Name Management will activate DRP (Domain Name Management Protection) on accepted domain name registrations, where the postal address, email address, phone & fax numbers will be kept confidential and the DRP information will be used in the publicly available whois. If the Client wishes to deactivate DRP on any of their domain names, they can edit these details by logging into their account.
Any dispute that may arise between you and any other individual or organization regarding a domain name, must be resolved between the parties concerned and Domain Name Management will take no part in any such dispute. Domain Name Management reserves the right, at its sole discretion, to suspend or cancel a domain name and inform the relevant naming authority accordingly, in the event of such a dispute arising.
Domain Name Management does not provide refunds once an invoice is generated, unless an invoice for a service is generated after a cancellation request is submitted.
If an invoice has been generated and the Client still requests a refund, it will be at the sole discretion of Domain Name Management, and a full or partial refund or credit may be issued.
Where an invoice has been generated and a full or partial refund is issued, an administration fee of $50 will be deducted from the refundable amount.
Terms and Conditions for .au Domain Name Licences
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 information is later found to be not true, or is incomplete, incorrect, or misleading in any way, or if you have submitted this application in bad faith, the domain name license can be cancelled and you can permanently lose the use of the domain name.
This document sets out the terms and conditions of your application for a Domain Name, and if successful, your Domain Name Licence. It records the agreement between you, the applicant or holder of a Domain Name Licence, and us, the reseller, in relation to the Domain Name.
Summary of Terms and Conditions
- 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 to you under these terms and conditions are limited.
In this document, unless the context requires otherwise:
- auDA means .au Domain Administration Limited ACN 079 009 340, the industry self-regulatory body responsible for administering domain names with the .au suffix.
- 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 in accordance with its constitution, and can be found at auDA's web site at www.auda.org.au.
- Registrar or Registrar of Record means TPP Wholesale Pty Ltd ACN 102 378 316, the registrar we use for .au domain names.
- Registry Operator means the operator of the domain names registry for the Domain Name.
- We, our or us refer to Domain Name Management ACN 127 506 807 the reseller for your Domain Name Licence. You or your refer to the person applying for, or the holder of, a Domain Name Licence.
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.
Domain names application and registration
- 1. (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.
- 1. (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.
- 1. (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.
- All personal information pertaining to you are held by auDA for the benefit of the Australian public. Domain name licence.
- 2. (1) Your Domain Name Licence will be effective for a two year period, once:
(a) your application is accepted and approved by us, the Registrar and by the Registry Operator, and
(b) you have paid the applicable fees, unless it is cancelled earlier under the terms of this document or under any Published Policies.
- 2. (2) Your Domain Name Licence may be renewed every two years, as long as you:
(a) pay the applicable renewal fees, and
(b) continue to meet the eligibility criteria prescribed in the Published Policies.
- 2. (3) You accept that it is your responsibility to ensure that your Domain Name Licence is renewed.
- 2. (4) You may cancel your Domain Name Licence at any time by notifying us in writing.
- 2. (5) We may cancel your Domain Name Licence if you breach any provision of this document.
Your statement to us
- 3. (1) You confirm and state to Domain Name Management, TPP Wholesale Pty Ltd and to auDA separately that:
(a) all the information set out in your Domain Name application, and all information you give us, are true and correct, and not misleading or deceptive, and
(b) you meet, and continue to meet, the eligibility criteria prescribed in the Published Policies for registering the Domain Name, and
(c) you have not previously submitted for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:
(i) you are relying upon the same eligibility criteria for both domain names, and
(ii) the Domain Name has previously been rejected by the other registrar, and
(iii) your registration or use of the Domain Name does not infringe any person's legal rights.
- 3. (2) You accept that if any of the above statements is found to be incorrect, then either we, the Registrar or auDA may cancel your Domain Name Licence.
- 3. (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.
Our obligations to you
- 4. Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.
Your obligations to us
- 5. (1) Throughout the period of your Domain Name Licence, you must:
(a) comply with the Published Policies, and
(b) give notice to the Registry Operator (through us) of any change to any information which you have given us.
- 5. (2) You must not, directly or indirectly, through registration or use of the Domain Name or otherwise:
(a) register a domain name for the purpose of selling it, or
(b) register a domain name for the purpose of diverting trade from another business or web site, or
(c) deliberately register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill, or
(d) register a domain name and then passively hold a Domain Name Licence for the purpose of preventing another person from registering it.
- 5. (3) You must not:
(a) transfer or purport to transfer a proprietary right in any Domain Name registration, or
(b) grant or purport to grant a registered Domain Name as security, or
(c) encumber or purport to encumber a Domain Name Licence.
Use of your information
- 6. (1) You give to:
(a) auDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Published Policies;
(b) us (Domain Name Management), 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;
(c) 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.
- 7. (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.
- 7. (2) The auDRP binds you and us severally as if it were incorporated in this document.
- 7. (3) You accept that:
(a) 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
(b) such policies bind you and us severally as if they were incorporated in this document.
Transfer of registrars
- 8. 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:
(a) the maximum fees which we can charge you for such transfer,
(b) when we are not allowed to charge you fees,
(c) the conditions under which we must transfer the registered Domain Name, and
(d) the conditions under which we are entitled not to transfer the registered the Domain Name.
Limitation of liabilities
- 9. (1) You must not pursue any claim against auDA, TPP Wholesale or against us, and neither auDA, TPP Wholesale nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential damages, including but not limited to damages resulting from loss of use, lost profits, lost business revenue or third parties damages, arising from any breach by us of our obligations under this document, or under our registrar agreement with auDA.
- 9. (2) 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.
- 9. (3) 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.
- 9. (4) Nothing in this document is to be read as excluding, restricting or modifying the application of any legislation which by law cannot be excluded, restricted or modified.