C) Domain Name Services
Updated 26 July 2019
The following terms set forth the provisions under which the Company undertakes to provide the Customer with Domain Name Services.
1. Domain Name Registration Maintenance Transfer and Renewal
1.1 When the Customer takes up the Company's offer to register maintain transfer or renew any one domain name the Company will use the services provided by the domain registrar Public Domain Registry Pty Ltd (hereafter "Domain Registrar").
1.2 The Customer's use of the Company's Domain Name Services is regulated by ICANN (Internet Corporation for Assigned Names and Numbers), the Domain Registrar and applicable laws.
1.3. The Customer agrees that these Domain Name Services terms are to be read in conjunction with the Domain Registrar's Domain Registration Agreement at https://publicdomainregistry.com/legal/#dra.
1.4 The Customer agrees to accept the terms of the Domain Registrar's Domain Registration Agreement at https://publicdomainregistry.com/legal/#dra before instructing the Company to execute any one domain registration or transfer request on their behalf.
1.5 The Customer guarantees that registration maintenance transfer or renewal of any one domain name by the Company on their behalf:
1.5.1 does not infringe or violate the rights of any one third party;
1.5.2 is not for unlawful purposes;
1.5.3 will not violate any applicable laws or regulations including relevant domain name registry terms and conditions.
1.6 The Customer guarantees that the information they provide the Company for the purpose of domain name registration maintenance transfer or renewal by the Company on their behalf is complete and accurate.
1.7 The Customer agrees that the Company may share the Customer's Personal Data with the Domain Registrar for the purposes of domain registration maintenance transfer and renewal.
2. Additional Terms
2.1 The Customer is solely liable to immediately inform the Company of any domain name expiration, late renewal, registration, maintenance or management issues. The Company shall not be liable for any loss or damage resulting from any kind of domain name issues (including but not limited to undue domain expiration, late domain name renewal, registration, maintenance or management issues) that were not immediately reported by the Customer by posting a ticket in the corresponding category of the Company's Support Ticket system.
2.2 The Company will act in good faith to investigate and resolve reported domain name issues (including but not limited to undue domain expiration, late domain name renewal, registration, maintenance or management issues) in the time frame expected by the Customer and to achieve the results required by the Customer. However, The Company has no liability or obligation to achieve any particular outcome or result or resolve domain name issues by any deadline. The Company shall have no liability or responsibility for any damage, loss of data, loss of use or any other loss or damage occurring in connection with any domain name issue. The Company provides technical support in best interest of the Customer and cannot guarantee the successful outcome or result of any operation.
2.3 Each domain name ordered by the Customer is registered by the Company on behalf of the Customer and the Customer's personal details are used for its registration.
2.4 The Customer can transfer the domain name registered by the Company to another domain name registrar at any time.
2.5 The Customer shall be solely liable for making any changes in the DNS settings of any domain name in the Customer's Web Hosting Services Account and any consequences following thereof. In the event that the Customer requests the Company to change the DNS settings of a domain name on the Customer's behalf, the Customer will indemnify the Company for any liability for such actions and any consequences that might follow thereof.
2.6 The Customer agrees that in the event that any Web Hosting Services Account fees associated with the domain name are reversed or refunded then the domain name becomes the property of the Company and the Customer loses any rights over the domain name and any services associated with it. The Customer may re-gain property of the domain name if the Customer pays in full all due fees for the domain name and the services associated with it.
2.7 The Company shall not be liable in the event that during the time period needed for the Customer to fulfill the requirements described in "Domain Name Services Terms Clause 2.6" the domain name has either been deleted, has expired or has entered the Redemption period.
2.8 The Company shall not be liable for the registration, maintenance or management of any domain name, until it has been successfully registered by the Company on behalf of the Customer.
2.9 The Customer acknowledges that non-registered domain names are available for registration to the general public and that the Company shall not be responsible for and cannot guarantee that any domain name of the Customer's choice will be available for registration by the Customer.
3. External Domain Names
3.1 Associating domain names which are not registered by the Company with the Customer's Web Hosting Services Account is done at the Customer's own risk.
3.2 The Customer is solely responsible to use only domain names that are compatible with the service of the Company and to manage them in compliance with all legal and technical requirements.
3.3 The Customer is solely responsible for keeping the DNS settings of the Customer's external domains up to date with the recommended DNS setting provided by the Company.
3.4 The Customer agrees to regularly review the DNS information provided by the Company.
3.5 The Company cannot be held liable for any faults in the domain names functionality or for any faults in the hosting, email or other services provided by the Company which result from a failure of the Customer to manage its external domain in compliance with all legal and/or technical requirements including but not limited to: wrong DNS servers setup, misspelled domain names, expired domain names.
4. Right of Refusal
4.1 The Company reserves the right to refuse to register renew or reserve any one domain name and any associated services at its sole discretion.
4.2 The Customer agrees that the Company shall not be liable for any loss or damages that may result from the Company's refusal to register renew or reserve any one domain name or provide any associated services.
5. Selection of a Domain Name
5.1 The Company shall not be liable if any domain name of the Customer or its use infringes the legal rights of any third party.
5.2 The Company shall have no obligations to check whether any domain name of the Customer complies with all legal regulations and does not infringe the legal rights of any other party.
5.3 The Company recommends that the Customer seek legal advice and/or investigate the legal requirements and specifications, associated with the use of any domain name and make sure it does not violate any trade mark or copyrights.
5.4 The Customer acknowledges that in the event that a third party proves the rights over a domain name of his choice, the Company or its Registrars shall be ordered by a court to cancel, modify or transfer the domain name in question.
5.5 The Customer agrees that in case the Company is either sued or threatened by a lawsuit in reference to the Customer’s domain name, then the Customer will hold the Company harmless and indemnify the Company.
6. Domain Expiry and Renewal Notices
6.1 The Company will notify the Customer by email before the expiry date of any one domain name in the form of invoice and/or invoice payment reminder.
6.2 In addition and in accordance with ICANN's Expired Registration Recovery Policy (ERRP) the Company's registrar will issue separate renewal notices thirty (30) days and seven (7) days before the expiry date and immediately after the expiry date in respect of any one generic top-level domain name (gTLD).
7. Payment Information
7.1 The Customer agrees to supply appropriate payment for the Company's Domain Name Services in advance of the time period during which Domain Name Services are provided.
7.2 The Customer agrees that until and unless the Customer notifies the Company of the Customer's desire to cancel any or all Domain Name Services received then those Domain Name Services will be invoiced on a recurring basis.
7.3 The Customer is responsible for ensuring that the Customer's contact details are up to date and that all invoices for Domain Name Services are paid on time. In the event that the Customer does not pay an invoice for Domain Name Services by the "Due Date" (See "Standard Terms Clause 4.6") the Company will suspend the Domain Name Services until the invoice has been paid in full. Time is of the essence.
7.4 In the event that the Customer does not pay an invoice for Domain Name Services within twenty-eight (28) days after the "Due Date" the Company will terminate the Domain Name Services. Any data the Company hold or host in relation to the terminated Domain Name Services will be immediately and permanently deleted from the Company's system. Time is of the essence.
7.5 The Company reserves the right to change prices at any time.