Registrant's Terms & Conditions for the Registration, renewal, transferring
and hosting of a domain name in accordance with the .NZ Registrar agreement.
1. The Registrar's (Our) 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 24
hours from the time we receive all the information required to complete a
registration if it is within our advertised business hours of 9.00 am - 5.00
pm, Monday-Friday, and it does not fall on a public holiday would otherwise be
within 72 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 arrange for correction of any error in the information in the register
about any domain name registered to you when requested;
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;
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 (Your) Obligations
You agree that you will:
2.1 comply with the .nz 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 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.
3. 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:
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your name,
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your contact details and
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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. This may be done by
either cheque, cash, credit card or a direct credit into our account.
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 fee takes effect.
5.4 Our usual fees are for domain name registrations and renewals. We may also
charge you for web hosting and email services provided by us upon your request
as well as programming or other web work contracted by you. We will tell you
before any additional charge is incurred.
5.5 Our prices are stated in New Zealand 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 you we may:
o cancel registration of that domain name; or
o refuse to provide a service you request.
6.2 If the domain name has been used with abusive intent on our servers, which
we strictly prohibit we may:
o refuse to provide a service you request.
For more information on this, please see our Acceptable Use Policy. (This would
link to the policies online).
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.
Notification of the need to renew a domain is also sent to the most recent
address and contact information supplied by you at 60 and 30 days before the
domain name expires, as well as the fourteen day notice.
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 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;
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.
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 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.
11.3 If any of the terms and conditions outlined in the Acceptable Use Policy
are broken in regards to the privacy, security or reliability of our network or
another network, spamming or any other act deemed to be prohibited by us, the
Acceptable Use Policy supersedes this clause and this agreement maybe cancelled
instantly. If such an event were to occur we are not liable for any losses
incurred to you under clause 8 and 9 of this agreement and under the clause 9
of the Acceptable Use Policy.
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. Altering These Clauses
We may alter or remove existing clauses of this agreement or add new ones.
Alterations may be in the nature of completely new clauses.
Before we make any alterations, we will notify you by e-mail of these and the
changes shall come into effect one month later. Revisions to this agreement
will also be posted on our website.
14. 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.
15. 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 - 14, and this clause
15.
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