DOMAIN NAME SERVICE TERMS
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a) For the purposes of this Agreement the following words have the following meanings assigned to them:
b) “Customer”, “You” and “Your” means the Registrant.
c) “DNC” means the office of the Domain Name Commissioner.
e) “Services” means the provision of domain name registration and registrar services by Access Information Limited.
f) “Us”, “We” and “Our” means Access Information Limited.
2) ACCESS INFORMATION LIMITED’S OBLIGATIONS
We agree that upon complying fully with your obligations under this Agreement (including without limitation the making full payment of all fees) we will:
a) Comply with all .nz policies and accurately represent these to you.
b) 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.
c) 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) provided however our accepting of your instruction does not provide any guarantee that the domain name(s) sought by you to be registered is/are available or will be able to be secured for you.
d) Process any new .nz domain name registrations with the registry within 2 working days from the time we receive all information required to complete a registration if it is with in our advertised business hours of 9am – 5pm Monday to Friday, excluding public holidays.
e) 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.
f) Arrange for correction of any error in the information in the register about any domain name registered to you when requested.
g) 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.
h) Use your personal information only as authorised by you.
i) Take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s).
j) Comply with any order of any authority having jurisdiction regarding any domain name registered to you.
k) Use our best endeavours to deal with any complaints you may have about the services we provide for you.
3) REGISTRANT’S OBLIGATIONS
you agree that you will:
a) Comply with the .nz. You agree that you have read and understood the current policies and statements posted at the official website of the DNC.
b) Make sure all information you gave us is accurate and complete, keep us informed of changes to any information you give us and in particular update and maintain using the interface provided at Access Information Limited’s official website, and that you have the authority to enter into this agreement. We will not be liable to you for anything in any way should your contact or other details not be kept accurate or up to date.
c) Keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure.
d) 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.
e) Ensure that you only use our services for a lawful purpose.
f) Ensure that the use of any domain name registered to you does not interfere with other users of the Internet.
g) Ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with.
h) Protect and fully indemnify 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
i) You are responsible for everyone who uses a domain name registered to you to ensure they also meet the above duties.
4) REGISTRATION AND RENEWAL 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, you agree:
a) 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.
b) The domain name is registered in your name only because no other person has it according to the records of the register; and
c) Neither we nor anybody else is representing anything else to anybody regarding the 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
d) That you protect and fully indemnify 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.
e) The administrative email contact given by you for your domain name(s) will be notified by email more than fourteen (14) days prior to the renewal date for the name(s). It is your responsibility to maintain a correct email contact address. We will process your renewal only if payment is received in full on or prior to the renewal date. If payment has not been received in full we will not take any action to renew the domain name(s) and shall not be obliged to notify you of this. We will not be responsible for any losses, costs, expenses or damages resulting from the lapsing of the domain name(s) in these circumstances.
5) REGISTER IS THE RECORD
For all purposes the details shown in the register shall be treated as correct and the authoritative record.
6) PAYMENT OF FEES
a) You agree to pay in advance for the services we provide for you at such rate as may from time to time be charged by us.
b) Current fees for services are set out on our website at http://www.ai.net.nz
c) 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.
d) 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.
e) Our prices are stated in New Zealand dollars and do not include GST.
f) You agree that all payments made by you are non-refundable whether in whole or in part once our services have been provided irrespective of what might subsequently happen to your domain name (i.e. suspension, cancellation or transfer of the name to another registrar or registrant).
g) In the event of a non-payment by you in connection with your payment of the registration, renewal or registrar transfer fee, you acknowledge and agree that the domain name shall
h) be cancelled at the Registry. We will reinstate any such registration solely at our discretion and subject to our receipt of the applicable registration, renewal or transfer fee and our reinstatement fee, currently set at NZ$50.00.
i) If we are forced to hand your account over to our debt collection agency for collection you will be liable for these collection costs.
7) SUSPENSION AND REFUSAL TO SUPPLY SERVICES
a) If you do not pay in full our charges for a domain name registered to you we may:
1. Cancel registration of that domain name; or
2. Refuse to provide a service you request.
8) 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 cancel that domain name.
9) 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:
a) InternetNZ, the registry and any other entity we are in any business relationship with;
b) Every officer, employee, contractor, agent of us or any entity in clause 9.a;
c) 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 (if any) under the Consumer Guarantees Act 1993.
10) LIMITATION OF OUR LIABILITY
We have excluded all other liability we or any of the persons specified in clause 9 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 7 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.
11) 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 viagra without prescription clause 15 says otherwise.
To that extent legally permitted:
a) All our services are provided under New Zealand law;
b) 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;
c) Except as otherwise stated, you may take action against us only in New Zealand court;
d) 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.
12) CANCELLING THE AGREEMENT
a) We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
b) We may end the agreement for any other reason by giving you one month’s notice.
13) 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 our self that you have permitted those persons to act for you.
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 3, 5 – 11, 13 – 14, and this clause 15.