Domain Terms and Conditions

Related: General Terms and Conditions

BACKGROUND

NetSmart Ltd is an authorised .nz registrar and offers domain name registration, maintenance, information and technical services to the public. This Service Agreement forms the basis on which these services are provided. It should be read in conjunction with the other policy documents and information on this web site.

.nz domain names are governed by the Internet Society of New Zealand through the Office of the domain name Commissioner (DNC) and the New Zealand domain name Registry Ltd (.nz Registry Services). The DNC is responsible for setting and enforcing policies relating to .nz domain names. All parties involved in registering and managing domain names, including NetSmart Ltd, must adhere to these policies. .nz Registry Services operates and manages the register of domain names in the .nz domain name space.

Upon registration of a domain name and when a domain name is moved to NetSmart as a Registrar, NetSmart requires acceptance of the terms of this Service Agreement, the other policy documents available on this web site and the policies of the DNC. Please read this Agreement, the other documents available on this web site and the policies of the DNC carefully.

DEFINITIONS

For the purposes of this Agreement the following words have the following meanings assigned to them: "Customer", "You" and "Your" means the Registrant. "Privacy Policy" means the privacy policy from time to time adopted and followed by NetSmart Ltd and posted on its official website. "Services" means the provision of domain name registration and registrar services by NetSmart Ltd. "Us", "We", "Our" and "NetSmart" means NetSmart Ltd.

OPERATIVE CLAUSES

1. NETSMART'S 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) provided however our accepting your instruction does not provide any guarantee that the domain name sought to be registered is available or will be able to be secured for you;

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 8.30am - 5.00pm Monday - Friday, and otherwise within 48 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 systems;

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;

1.12 accept (in our sole discretion) cancellations of domain name registrations within five days of initial registration and provide a refund of the payments made by you for registration.

2. THE REGISTRANT'S OBLIGATIONS

You agree that you will:

2.1 comply with the .nz policies. You agree that you have read and understood the current .nz policies and statements posted at the official website of the DNC;

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 in particular update and maintain using the interface provided at NetSmart'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 you fail to keep your contact or other details accurate or up to date;

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 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

2.9 You agree to ensure 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, you agree:

3.1 that the following information becomes available to any member of the public:

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 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.

4. RENEWAL OF A DOMAIN NAME

4.1 The administrative email contact given by you for your domain name(s) will be notified by email thirty (30) days prior to the renewal date for the name(s). It is your responsibility to maintain a correct email contact address. To renew your domain name, you must pay the annual renewal fee prior to the renewal date in the manner set out in Clause 6 of this Agreement.

4.2 If you fail to renew your domain name, the domain name will be cancelled. Cancellation will also affect any additional services linked to that domain name (such as email). We will not be responsible for any losses, costs, expenses or damages resulting from the lapsing of the domain name 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

6.1 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. Payment can only be accepted where made by Visa or MasterCard credit card. Current fees for services are set out on our website at http://www.netsmart.co.nz

6.2 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.

6.3 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.

6.4 Our usual fees are for 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.

6.5 Our prices are stated in New Zealand dollars and exclude GST.

6.6 You agree that unless we accept a cancellation under clause 1.12 above, 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).

6.7 In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other 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 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.

6.8 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

If you do not pay our charges for a domain name registered to you we may:

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 or for any breach of this Agreement or any other applicable policies or terms and conditions, 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:

9.1 InternetNZ, the registry and any other entity we are in any business relationship with;

9.2 every officer, employee, contractor, agent of us or any entity in clause 9.1;

9.3 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 (if any) under the Consumer Guarantees Act 1993. To the extent that you are using our services for a business or business purposes you agree that the Consumer Guarantees Act 1993 does not apply.

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 9 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 clause 15 says otherwise.

To the extent legally permitted:

11.1 all our services are provided under New Zealand law;

11.2 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;

11.3 except as otherwise stated, you may take action against us only in New Zealand court;

11.4 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.

12. CANCELLING THE AGREEMENT

12.1 We may cancel or suspend this agreement by giving you one month's notice if you do not meet your duties to us except in the event that we take action under clause 7 or 8.

12.2 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 ourself 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 9 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, 5 - 11, 13 - 14, and this clause 15.