Standard Policies & Agreements

Print This Page


1 Introduction & Definitions
2 Acceptable use & general conduct
3 Liability & indemnity
4 Fees
5 Payment
6 Payment Chargebacks
7 General privacy policy
8 Notification
9 Right to deny
10 Amendments to Agreement
11 Waiver
12 Further assurance
13 Reasonable Control
14 Applicable law and entirety of Agreement
15 Web Design & Logo Design Agreement
16 WebBuilder Agreement
17 Web Hosting
18 Email Hosting & Exchange
19 Servers
20 Domain Names
20.1 Representations by us
20.2 Refunds
20.3 Suspension & cancellation
20.4 Registry requirements
20.5 Domain name application
20.6 Domain name licensing
20.7 Domain name registration period
20.8 Registration renewal
20.9 Registration transfer
20.10 Registrant transfer
20.11 Registrar transfer in
20.12 Registrar transfer out
20.13 Privacy & WHOIS Service
20.14 Domain name cancellation
20.15 Back Order Service
20.16 Domain Pre-Registration
20.17 Releases and indemnities
20.18 General terms for domain names
20.19 gTLD Specific terms
20.20 .mobi Specific Terms
20.21 .au Specific terms
20.22 .nz Specific terms
20.23 .uk Specific terms
20.24 .info Specific Terms
20.25 .org Specific Terms
20.26 .biz Specific Terms
20.27 .asia Specific Terms
20.28 .tel Specific Terms
20.29 .cn Specific Terms
20.30 .be Domain Name Licence Terms
20.31 .eu Domain Name Licence Terms
20.32 .it Domain Name License Terms
20.33 .fr Domain Name License Terms
20.34 .ae Domain Name License Terms
20.35 .pl Domain Name License Terms
20.36 Search engine optimisation
20.37 Liability and indemnity
21 Fax to Email
22 Affiliate program

1 Introduction & Definitions

Welcome to the www.cheapaussiedomains.com.au website (this "Site").

These terms of use are a legal agreement ("this Agreement" or "these terms") which sets forth the terms and conditions which govern your use of this Site, as well as the products and services (individually and collectively, the "Services") found at this Site, but does not cover Services individually supplied by resellers.

In order to become a user of Services, you must irrevocably agree to be bound by these terms. If you do not agree to be bound by these terms, you must ensure you do not indicate to us your acknowledgement and agreement to be irrevocably bound by these terms. Your acknowledgement and agreement to be irrevocably bound by these terms will be indicated to us upon making an application to us for the use or purchase of Services, purchasing or using the Services provided by us, or becoming one of our customers at any time, whichever occurs first. In these terms, references to "we", "us", "our", and so on shall refer to and its number of trading names (including, in particular, www.cheapaussiedomains.com.au) except where explicitly specified as otherwise.

In these terms, references to "you", "customer", "user", "your" and so on, shall refer to the person who requests or utilises the provision of this Site, or any Services provided by us.

In these terms, references to "Services" include any product, license, package or account offered by us.

In these terms, references to "Days" shall refer to calendar days, unless specified otherwise.

In these terms, references to "Spam" shall refer to distribution of unsolicited bulk and/or commercial electronic messages over the Internet.

In these terms, references to "Supplier" or "Registry Operator" shall refer to any third party which provides a product/service which we resell/offer to you.

1.1 Representations you make about yourself

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law.

By using this Site, or by applying for, renewing, transferring, taking ownership, or using any Services found at this Site, you irrevocably undertake, represent, warrant and agree that:

  1. You are at least 18 years of age, and that we may terminate this Agreement immediately without providing a refund if we discover that you are under 18 years of age at the time of entering into this Agreement;

    The Registered Name Holder shall provide to the company registrar ("Registrar") accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation;
  2. Where you act on behalf of a corporate entity, you have the legal authority to bind such corporate entity to these terms, in which case the terms "you", "your", "User" or "customer" in this Agreement shall refer to such corporate entity. If, after your agreement to these terms, we learn that you do/did not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these terms. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right (but undertake no duty) to require additional authentication from you;
  3. You shall not permit any other person to use your username in order to gain access to the service, nor shall you divulge to any other person any password which you may from time to time use in gaining access to the services. If your password becomes known, you will inform us immediately. We may require you to change your password where considered necessary, and
  4. You agree at all times to indemnify us for any expenses, costs, damages, penalties, imposts and any other liabilities we incur from time to time, whether directly or indirectly, as a result of you transmitting or receiving or in any other manner using any information, which transmission, receipt or use is facilitated by or connected with the provision of services to you, including without limitation liability for breach of copyright or any other intellectual property rights

1.2 Terms governing your account

In order to access some of the features of this Site or use some of the Services found at this Site, you will have to activate an account ("Account"). You represent and warrant to us that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If we have reasonable belief that your Account information is untrue, inaccurate, out-of-date or incomplete, we reserve the right to suspend or terminate your Account.

A Registered Name Holder's wilful provision of inaccurate or unreliable information, its wilful failure promptly to update information provided to Registrar, or its failure to respond for over fifteen (15) calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration.

You are solely responsible for the activity that occurs on your Account, whether authorized by you or not. It is your responsibility to ensure your Account information is secure, including without limitation your customer number/login, password, payment method(s), and shopper PIN. For security purposes, we recommend that you change your password and shopper PIN at least once every three (3) months for each Account you have with us. You must notify us immediately of any breach of security or unauthorized use of your Account. We will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss we or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm.

1.2.1 Registrar shall provide notice to each new or renewed Registered Name Holder stating:

1.2.1.1 The purposes for which any Personal Data collected from the applicant are intended;

1.2.1.2 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);

1.2.1.3 Which data are obligatory and which data, if any, are voluntary; and

1.2.1.4 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them.

1.2.1.5 The Registered Name Holder shall consent to the data processing referred to in Subsection 1.2.1

1.2.1.6 The Registered Name Holder shall represent that notice has been provided equivalent to that described in Subsection 1.2.1 to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in Subsection 1.2.1.5 of any such third-party individuals.

1.2.1.7 Registrar shall agree that it will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Subsection 1.2.1 above.

1.2.1.8 Registrar shall agree that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

1.2.1.9 The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

1.2.1.10 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.

1.2.1.11 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.

1.2.1.12 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration.

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

1.3 Structure of terms

These terms are structured so that there are clauses which apply to all Services ("the general clauses") and there are clauses which apply in respect of particular Services. Unless a specific subsection is cited, references to any clause include the subsection in that clause (for example, a reference to clause 1 includes this subsection 1.3, while a reference to clause 1.2 does not include this subsection 1.3).

For the purposes of these terms, the general clauses refer to clauses 1 to clauses 15, while the remaining clauses specify which particular Services they apply to.

Several of the remaining clauses may not apply as you may not have purchased or used those particular Services. However, if you have purchased a particular Service, and there is an inconsistency between a general clause and the clause which applies in respect of that particular Service, you agree that the inconsistency shall be resolved by giving precedence to the clause applying to the particular Service.

2 Acceptable use & general conduct

You irrevocably agree that it is your responsibility at all times to:

It is not acceptable to use our Service(s) for the following non-exhaustive examples and you irrevocably agree that you will not use our Service(s) to:

You also agree not to attempt any of the following:

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.

You must at all times comply with law. You irrevocably agree that you will also be in breach of this Agreement on violation of state, federal or international laws.

You irrevocably agree that any breach of this clause can result in immediate termination of services and loss of all data held on provided services, and you release us, our staff and our suppliers of any liability resulting in such instances.

3 Liability & indemnity

You expressly and irrevocably agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us, by a third party resulting from the provision or use of Services, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN.

You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of Services or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Services which are the subject of any such claim. You agree to defend, indemnify and keep indemnified and hold us harmless from any of the following, non-exhaustive, examples:

You understand that should we be notified of pending legal action, we may seek written confirmation from you concerning your obligation to indemnify us under this Agreement in accordance with these terms, and you expressly and irrevocably agree that failure to provide such confirmation may be considered a further breach of this Agreement.

Where to do so is unlawful under any legislative provision ("Act") falling under the governing law of this Agreement, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit of a non-excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling under the governing law of this Agreement, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to either the supplying of the service/product again or payment of the cost of having the service/product supplied again.

You expressly and irrevocably agree that this clause survives the expiry and/or termination of Services or this Agreement.

Should any part of these terms be made invalid by relevant legislation, that wording shall be deemed to be omitted and the remainder of the terms shall remain in force.

4 Fees

The charges for our services are published on our web site. We maintain the ability to change them at will, however changes shall not be retrospective.

Charges for a service are those published at the time you request for the service. Special, promotional or bundled pricing for particular Services may be limited on a per year/member/email address basis; prices displayed after account login and prior to payment will indicate eligibility for such pricing. You agree to pay for all the services you request and/or use. Charges that you pay are non-refundable, except where we have expressly consented otherwise.

You agree that failure to pay or failure of payment being honoured will void your application and relieve us of any responsibility with regards to the provision of the services applied for.

You are solely responsible for the renewal of any held services with us. You acknowledge and agree that we may, at our discretion, choose to send notification of expiry but are not obliged to do so, but that it is your responsibility to ensure that your electronic contact address is valid, active and correct. You hereby agree that we cannot and shall not be held responsible for any loss/suspension/termination of any service arising from a failure to renew your services.

5 Payment

You irrevocably agree and authorise that if any payment due from you to us is not received by the due date, that we may directly debit that payment using the credit card account details provided by you upon registration.

We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owed to us by you. Without limitation to the above, we may charge an administration fee for any dishonoured cheques.

You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend Services immediately without notice. We may provide a 30 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment, we reserve the right to purge all data pertaining to your account with us without liability whatsoever.

6 Payment Chargebacks

You irrevocably agree that:

7 General privacy policy

This policy governs, in addition to any applicable law, the use and disclosure by us of personal information of our users and outlines how users can access that information. It is only applicable on the assumption that:

7.1 Information that is collected

We collect or maintain the following personal information about our users:

This information will be collected with your knowledge and participation. If you choose not to provide this information we may decline to accept your registration. It will not be possible for you to deal with us anonymously.

7.2 Cookies

Our website may track user access sessions using cookies, without your specific knowledge or participation, by automated means in the course of your use of our network. Cookies are a Web browser technology that is used to improve your experience of using our website, but are not used to record any personal information. You may disable cookies in your Web browser at the cost of some possible loss of functionality in your use of our website.

7.3 Sensitive information

We will not collect information revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or details of health, disability or sexual activity or orientation, unless compelled to do so by law.

The personal information we collect may be used for the following purposes:

7.4 Disclosure of your personal information

Your personal information may be disclosed, and you hereby irrevocably consent to such disclosure, in the following circumstances:

Otherwise we will use reasonable endeavours to avoid the disclosure of your personal information, save that aggregated demographic information may be disclosed so long as the information is unable to identify you or any other individual.

7.5 Accessing your personal information

You can contact us to request a copy of your personal information by emailing our Privacy Officer at [email protected] The Privacy Officer shall attend to your request on a confidential basis within fourteen (14) days of the request being received. No fee will be levied for access to this information.

7.6 Refusal of access

Access of your personal information may be refused if:

7.7 Data quality

We will use all reasonable endeavours to ensure the accuracy and quality of the information collected about you. Should personal information that you know has been collected about you change, it is your responsibility to bring the changes to our attention which you may do by email to the Privacy Officer at [email protected]

7.8 Data security

We will endeavour to keep your personal information as secure as reasonably possible. Without limitation, registration information is not accessible over the Internet, but only from a secure password-protected internal workstation. Our Internet server utilises a modern Linux-based operating system that is maintained with the latest available security patches and updates.

7.9 WHOIS

For .ae domain registrations please see .aeDA's WhoIs Data Collection and Display Policy www.aeda.ae which sets out the guidelines on the collection, disclosure and use of WhoIs data.

8 Notification

You irrevocably agree that we may provide notification or communication by:

You irrevocably agree that any notification or communication is deemed to have been received by you as follows:

In any other method: at the time by which it would have been delivered as per the normal course of the given method.

9 Right to deny

In addition to any other options, we may, in our discretion, without notice, refuse to supply, cancel, suspend or transfer any service should we believe it is necessary to protect the integrity, stability and security of us, the Site, or our affiliates/agents; at the request of any law enforcement agency; pending any applicable dispute resolution process or in effort to avoid potential liability, civil or criminal, on our part.

10 Amendments to Agreement

We, in our sole and absolute discretion, may change or modify this Agreement, and any further agreements incorporated herein, at any time. Such amendments shall be effective immediately upon the posting of such amendments on this Site. Changes to this Agreement will become evident by the posting a "Last Revised" date at the bottom of this page. Further use of the Site and its Services will indicate acceptance of these revised conditions. If you do not agree to be bound by this Agreement as last revised, discontinue use of the Site and Service thereof.

11 Waiver

A waiver by us of a provision or right under this agreement is binding on it only if it is given in writing and signed by our authorised officer. A waiver is effective only in the specific instance and for the specific purpose for which it was given. Failure by us to exercise or delay in exercising a right under this agreement does not prevent our exercise of the same right at a later date, at any time, or operate as a waiver of our rights in the matter.

12 Further assurance

You must at our request promptly execute and deliver such further documents and do such further acts as are reasonably necessary to give full effect to your obligations under this agreement.

13 Reasonable Control

We are not responsible for any delay in performing or failure to perform any obligation to you as a result of any matter beyond our reasonable control.

14 Applicable law and entirety of Agreement

You expressly and irrevocably agree that:

  1. This Agreement is governed by the law of the Emirate of Dubai and the Federal Laws of the United Arab Emirates, and embodies the entire understanding and agreement between the parties, and supersedes all prior agreements (written and oral), understandings and representations, unless otherwise stated in this Agreement.

    We may amend these terms at any time, and such amendments will become effective as soon as they are posted on our website, following which if you continue to use the services, you are deemed to have agreed to be bound by those amendments. It is your responsibility to review our website periodically to ascertain whether these terms have been changed;
  2. Except as specified in 10 and 14(b), no variations may be made to this Agreement unless it is in writing and signed by our authorised representative;
  3. cAny dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Dubai. The language to be used in the Arbitration shall be English.

15 Web Design & Logo Design Agreement

This entire clause 15 relates to the Web Design and/or Logo Design product.

15.1 Representations by us

15.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

  1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, particularly clause 15.0;
  2. You can only expect Services in accordance with the terms of this Agreement, and
  3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 15.0, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

15.1.2 Services

Logo & Web Design services are provided as an economy/premium service. We may provide such services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers. The Logo & Web Design Services are an online offering where individuals or entities that have signed up as clients can post specific assignments and project descriptions, including illustrative samples or other media as part of their campaign brief.

Each package has an allocated number of concepts and revision rounds. Further revisions or concepts will only be available by upgrading to the higher package or purchasing relevant upgrade products.

Subject to the service terms and respective agreements, policies and procedures, we shall use commercially reasonable efforts to attempt to provide services Monday to Friday, 9AM to 5PM with the exception of public holidays (all states, provinces and territories). You acknowledge that from time to time service may be inaccessible or inoperable for any reason. You agree to hold us free of any liability or indemnification that may come as a result of any inaccessibility or inoperability.

15.1.3 Creative Brief and Responses

You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site, including providing samples illustrating your Creative Brief and any relevant deadlines.

We are under no obligation to review a Creative or Revision Brief for any purpose, including accuracy, completeness of information, quality or clarity. We may decide, at our sole discretion, to deny a Creative or Revision Brief.

When you are provided with a Revision, you are responsible for reviewing the Revision. If you fail to promptly advise that the Revision is not reasonably responsive to the Creative Brief, you will be deemed to have accepted the Revision.

If you notify us that you think a Revision is not reasonably responsive to the related Creative Brief, you shall then submit to us a Revision Brief containing information regarding amendments or modification to be made to the initial Response.

15.1.4 Revisions

The purpose of the revision process is to create responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. Further revisions (subject to the purchased plan) shall be modifications to the current composition only.

15.1.5 Maintenance

We will provide monthly or annual maintenance in accordance with the service package purchased, ordered or maintained. If allocated maintenance time is not utilised during the respective maintenance schedule, they will not be carried over to the next schedule. Should the required maintenance exceed the allocation you may purchase additional time allocation in 30 minute blocks. Unused additional time allocation is not carried over and no refund will be issued for any allocation not used.

We require creative material be of sufficient quality and correct format, we reserve the right to deduct allocated time if we are forced to request re-submission. We will endeavour to advise if required maintenance appears to not be possible within allocated time but reserve the right to advise at any time that the time allocation is insufficient. Un-finished maintenance will not be published or distributed until further allocation has been purchased.

15.1.6 Content

Web Design content is to be 100% supplied and installed by you. We will not, under any circumstances install or maintain content on the website and are only responsible for providing to you the design and instructions for installing/maintaining content. It is your responsibility to ensure that the content installed and held in your website is your own and does not belong to a third party, obtained without authorisation, in breach of trademark or copyright. You agree to hold us from any damages resulting from infringing content. We reserve the right to suspend or terminate any account we believe to be in breach of our Acceptable Use Policy.

15.1.7 Technical Information

Colours: The default colour model for our logos is the CMYK format unless you specify that you require PMS (Pantone) prior to the start of the project. Any format change after the start of the project will have an additional charge.

Logo Design File Format: The source file will be in Adobe Illustrator (.ai) format. The fonts will be converted into outlines.

Other formats sent will be JPEG, TIFF, EPS, GIF and PDF. Additional formats can be required upon request.

Web Design File Format: The source files will be held on our Hosting Services in a format which is in line with recent design and format technologies.

15.1.8 Rights to Use

Upon submission of a creative or response briefs or any other information or media provided by you in connection with your use of the Service, we and our agents shall have all rights and licenses necessary to use such client Information for the purpose of obtaining responses and for archival purposes.

Upon your submission of client information to the service, you grant us and our related agents a royalty-free, perpetual, irrevocable, sublicense able, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the service and responses.

Logo Design: Subject to your compliance with these terms, you shall own the final the revision composition provided to you by us. You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final revision as set by your purchased plan. We expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to us a royalty-free, irrevocable exclusive worldwide right to use Creative and revision briefs, individual responses provided to you, and final revision for internal and archival purposes, and in order to display and promote our services. We retain the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under these terms are limited to the final revision, and that no trademarks or service marks in or to any final revision are being conveyed under these terms. You hereby acknowledge that we shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the final Revision. Furthermore, you acknowledge that we shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the final revision, nor shall we be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the final revision.

Web Design: Ongoing service is solely dependent of your active subscription to the Web Design service. Failure to maintain your active subscription will result in suspension or termination of the services included with your normal subscription. You acknowledge that this may result in your web site being displayed to the public. Cancellation of the service will result is suspension or termination of the included services. Cancellation mid-term of applied service period will not entitle you to any refund. You acknowledge that all material developed by us or our third party partners belongs to and is copyright to us in accordance with copyright law. Payment of ordered services is allocated to the setup and maintenance of the services rendered in relation to the ordered service package only. You agree to prevent any unauthorized copying of any material relating to the services or resulting product. We do not grant any express or implied right to you. We reserve the right to utilise materials created through your services for any purpose, including utilising materials to promote our services via any medium.

15.1.9 Third party

We may provide Services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers. In the event of any disruption or failure to provide a service as a result of a third party, you agree to indemnify us and hold the us and the third party separately.

15.1.10 Loss of service

This is not an archival service. You are solely responsible for maintaining independent back-up copies. We expressly disclaim any liability or responsibility for any loss, damage or destruction of designs, distribution lists, or any other content.

15.2 Refunds

15.2.1 Agreement

You expressly and irrevocably agree that:

  1. It is your responsibility to ensure that Services are utilized to their full potential;
  2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
  3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
  4. We are not obliged to provide refunds for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms, to offer a refund only if a cancellation request is filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made;
  5. We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
  6. You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
  7. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
  8. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
    1. Your request for refund will be denied where:
    2. Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
    3. We believe you have breached your agreement with clause 15.2.1(a), (b) and (c) in any way;
    4. We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
    5. We believe the request is fraudulent.
  9. We take no responsibility for any mistakes in application either on the advice of our staff, a third party or your sole decision; and
  10. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 15.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

15.2.2 Process of claiming refund

In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund is subject to clause 15.2.1 of this Agreement.

15.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

  • You have any outstanding invoice or account.
  • Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
  • You fail to comply with any provision in this agreement or those referenced in this agreement.
  • There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights.
  • We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
  • We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to clause 15.2.

If your account is cancelled under this agreement:

  • You must pay all outstanding charges to us immediately.
  • We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
  • We may immediately delete all data held prior to cancellation.
  • We may perform any action without notice.

16 WebBuilder Agreement

This entire clause 16 relates to the WebBuilder Product.

16.1 Representations by us

16.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that:

  1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 16.1.2;
  2. You can only expect Services in accordance with the terms of this Agreement, and
  3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 16.1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

16.1.2 Terms/Representations

  1. We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
  2. We estimate that we offer a large number of designs for Web & Mobile, on the basis of the combinations of available fonts, colours, graphics, backgrounds, etc. The estimate may include any number of designs which, with the exception of incremental differences, appear similar.
  3. With the eShop Shopping Cart, you can add unlimited products with shopping cart functionality and a secure PayPal plug into your Website Builder and start selling your products. Mastercard and Visa gateways are only provided through the PayPal plugin.
  4. Although no software or advanced technical knowledge is required, as with most Services, some level of knowledge and experience with computers, software and the internet is required to use the Service. Knowledge or experience from more than 3 years from the date of purchase may not be sufficient for this Service. Customers who read the FAQs and instruction manuals have found the Service easy to use.
  5. Our software automatically creates a mobile optimised HTML version of your website for devices such as iPhone and iPad which do not have Adobe Flash-enabled. However, flash-enabled devices will not require the optimised version. Some features and aspects of design in the optimised version may not appear like the flash version.
  6. We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.

16.2 Refunds

16.2.1 Agreement

You expressly and irrevocably agree that:

  1. It is your responsibility to ensure that Services are utilized to their full potential;
  2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
  3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
  4. We are not obliged to provide refunds for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms, to offer a refund only if a cancellation request is filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made;
  5. We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
  6. You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
  7. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
  8. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
  9. Your request for refund will be denied where:
    1. Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
    2. We believe you have breached your agreement with clause 16.1.1(a), (b) and (c) in any way;
    3. We believe that you have not chosen to undertake the 30 day free trial (see 30 Day Free Trial) and you are claiming a refund pursuant to incompatibility with your operating systems;
    4. We believe that you have chosen to undertake the 30 day free trial (see 30 Day Free Trial) and, after 30 days has expired, you are claiming a refund pursuant to incompatibility with your operating systems;
    5. We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
    6. We believe the request is fraudulent.
  10. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
  11. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 16.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

16.2.2 Process of claiming refund

In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund is subject to clause 16.2.1 of this Agreement.

16.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

Any suspension or cancellation is subject to clause 16.2.

If your account is cancelled under this agreement:

16.4 30 Day Free Trial

In addition to acceptance of these terms is acceptance that the Services provided are compatible with your operating systems and needs.

We offer a 30 day risk free trial during which you may assess the service's appropriateness and compatibility with your operating systems or specific needs. We will provide you with the service upon your request, but should you fail to take a 30 day risk free trial, you irrevocably indicate to us that the Services are fully compatible with our operating systems and needs. You shall be taken to have understood and accepted all these terms and conditions relating to 30 day risk free trials. In particular, you have 30 days from the date of supply of the service in which to utilise and assess the service, and you will not be obliged to make any payments to us nor will you be obliged to enter into any further agreements with us during this period. If you choose to utilise this 30 day trial period, you understand the risks associated with the service provided and you accept the program's appropriateness and compatibility with your operating systems. During this 30 day trial period, you must comply with the terms and conditions specified under the clause relating to "Acceptable use & general conduct" (clause 2).

If you choose to continue to use the product after the conclusion of the 30 day trial period, then you agree to all the terms and conditions and you are taken to have entered into this binding agreement. You may also choose to enter into a binding agreement for a fee before the 30 day trial period has ended, on the condition that you forfeit the benefit of any remaining free trial days.

If you are not satisfied with the appropriateness of the service within the 30 day period, then it is your responsibility to terminate the Service prior to the conclusion of the 30 day period. Such termination would be at no extra cost and you will no longer be bound by any agreements made with us relating to the Service which was the subject of the trial period. You must communicate by email or by telephone, before close of business, your desire to end the use of the service with us by the 30th day of the trial period or, if the 30th day falls on a weekend or public holiday, the next day of business. You understand that it is your responsibility to ensure that this communication is received by us within the time period specified. Failure to do so may result in an assumption that you agree to continue with the use of the service and usual fees and charges may begin to apply.

Once the 30 day trial period has concluded, should make a request for refund and notwithstanding the stated basis for your request, we believe it is based on incompatibility with your operating systems, incompatibility with your specific needs, or that you no longer want to use the Service, your request for refund will be denied.

17 Web Hosting

This entire clause 17 relates to the Web Hosting Product.

17.1 Representations by us

17.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

  1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 17.1.2;
  2. You can only expect Services in accordance with the terms of this Agreement, and
  3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 17.1.2, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement.

17.1.2 Setup

It is your responsibility to ensure that any applied hosting package application is completed and activated ready for full use. Quoted times for account activation are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if:

  • Payment is not cleared or received in full.
  • We believe the order, information or payment is fraudulent.
  • You have any funds outstanding with relation to any other account.
  • The domain name quoted does not exist, is in a non-usable state (e.g pending renew) or deemed to be proposed for use that voids our Acceptable Use policy.
  • There is any other reason which we deem satisfactory.

We may send notification of hosting activation however:

  • Your contact details must be correct and up to date.
  • This is not final word that your hosting is fully active and ready for use, you must ensure the hosting is fully functional.

You release us of any claim arising from failed hosting activation whether at fault of our system, our staff or any other factor out of our reasonable control.

17.1.3 Service Levels

We will endeavour to maintain network stability and satisfactory service levels, however you irrevocably agree that:

  1. We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.
  2. We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by us, our suppliers or any third party
  3. We may, at our discretion provide notification of outages whether planned or unplanned.
  4. You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.

17.1.4 Third Party Services

We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.

17.2 Refunds

17.2.1 Agreement

You expressly and irrevocably agree that:

  1. It is your responsibility to ensure that Services are utilized to their full potential;
  2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
  3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
  4. We are not obliged to provide refunds for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms, to offer a refund only if a cancellation request is filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made;
  5. We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
  6. You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
  7. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
  8. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
  9. Your request for refund will be denied where:
    1. Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
    2. We believe you have breached your agreement with clause 4.1.1(a), (b) and (c) in any way;
    3. We believe that you have not chosen to undertake the 30 day free trial (see 30 Day Free Trial) and you are claiming a refund pursuant to incompatibility with your operating systems;
    4. We believe that you have chosen to undertake the 30 day free trial (see 30 Day Free Trial) and, after 30 days has expired, you are claiming a refund pursuant to incompatibility with your operating systems;
    5. We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
    6. We believe the request is fraudulent.
  10. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
  11. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 17.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

17.2.2 Process of claiming refund

In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund is subject to clause 17.2.1 of this Agreement.

17.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

Any suspension or cancellation is subject to clause 17.2.

If your account is cancelled under this agreement:

17.4 Web Hosting cancellation

We hold the right to suspend/cancel/terminate any hosting service for any of the following:

Service provision may also be suspended/cancelled or terminated:

You release us of any claim arising from suspension, cancellation or termination of any service.

18 Email Hosting & Exchange

This entire clause 18 relates to the Email Hosting and/or Email Exchange Product.

18.1 Representations by us

18.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

  1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 18.1.2;
  2. You can only expect Services in accordance with the terms of this Agreement, and
  3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 18.1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

18.1.2 Terms/Representations

  1. We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
  2. This Service is an email productivity tool based on the Microsoft Exchange Server platform that allows you to access and synchronize your email, contacts, calendars, and task management tools.
  3. This is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.

18.2 Refunds

18.2.1 Agreement

You expressly and irrevocably agree that:

  1. It is your responsibility to ensure that Services are utilized to their full potential;
  2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
  3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
  4. We are not obliged to provide refunds for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms, to offer a refund only if a cancellation request is filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made;
  5. We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
  6. You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
  7. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
  8. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
  9. Your request for refund will be denied where:
    1. Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
    2. we believe you have breached your agreement with clause 18.1.1(a), (b) and (c) in any way;
    3. We believe that you have not chosen to undertake the 30 day free trial (see 30 Day Free Trial) and you are claiming a refund pursuant to incompatibility with your operating systems;
    4. We believe that you have chosen to undertake the 30 day free trial (see 30 Day Free Trial) and, after 30 days has expired, you are claiming a refund pursuant to incompatibility with your operating systems;
    5. we have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
    6. we believe the request is fraudulent.
  10. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
  11. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 18.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

18.2.2 Process of claiming refund

In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund is subject to clause 18.2.1 of this Agreement.

18.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

Any suspension or cancellation is subject to clause 18.2.

If your account is cancelled under this agreement:

18.3.1 Email Hosting cancellation

We hold the right to suspend/cancel/terminate any hosting service for any of the following:

  • Non-payment or failure to renew service.
  • Chargeback/reverse of payment.
  • If we have reason to believe you are not using the services in accordance with this service agreement.
  • If a competent regulatory authority/body requires us to do so.
  • At our sole discretion.

Service provision may also be suspended/cancelled or terminated:

  • If you are in breach of this agreement or registry operator policy. We may give you notice identifying the breach and requiring remedy with a specific time frame.
  • If you do not comply with our breach notice.

You release us of any claim arising suspension, cancellation or termination of any service.

19 Servers

This entire clause 19 relates to the Servers Product.

19.1 Representations by us

19.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

  1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 19.1.2;
  2. You can only expect Services in accordance with the terms of this Agreement, and
  3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 19.1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

19.1.2 Terms/Representations

What you will get from a standard unmanaged service server container with connection to the internet so as to allow you to completely manage the setup of the server. It is your responsibility to install and configure whichever option you wish. No special support is provided beyond the scope of providing the server. If you require further assistance, you are expected to pay a greater fee and purchase a managed service.

19.2 Refunds

19.2.1 Agreement

You expressly and irrevocably agree that:

  1. It is your responsibility to ensure that Services are utilized to their full potential;
  2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
  3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
  4. We are not obliged to provide refunds for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms, to offer a refund only if a cancellation request is filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made;
  5. We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
  6. You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
  7. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
  8. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
  9. Your request for refund will be denied where:
    1. Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
    2. We believe you have breached your agreement with clause 4.1.1(a), (b) and (c) in any way;
    3. We believe that you have not chosen to undertake the 30 day free trial (see 30 Day Free Trial) and you are claiming a refund pursuant to incompatibility with your operating systems;
    4. We believe that you have chosen to undertake the 30 day free trial (see 30 Day Free Trial) and, after 30 days has expired, you are claiming a refund pursuant to incompatibility with your operating systems;
    5. We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
    6. We believe the request is fraudulent.
  10. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
  11. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 4.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

19.2.2 Process of claiming refund

In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund is subject to clause 4.1.1 of this Agreement.

19.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

Any suspension or cancellation is subject to clause 19.2.

If your account is cancelled under this agreement:

20 Domain Names

This entire clause 20 relates to the Domain Name Product. For this clause, the following terms shall be defined as follows:

RegistrantThe current licensee of a domain name.
.auDA.au Domain Administration Limited ACN 079009340.
.auDA policyAny policy listed by auDA. http://www.auda.org.au/
Domain name licenseA license for the use of a particular domain name.
Domain name license termsThe terms and conditions which apply to a domain license.
gTLD domainGlobal Top Level Domain. A domain that ends in .com, .net, .org, .info or .biz.
ICANNInternet Corporation for Assigned Names and Numbers.
MemberA person who registers with us as a member and is provided with a member ID.
Published PoliciesThe specifications and policies established and published by auDA from time to time at http://www.auda.org.au/
RegistrarEntity responsible for the provision of domain name licenses.
Registrar of recordEntity by which a specific domain name is licensed through.
Registration feeCurrent charge in respect of a domain name license.
Registration periodThe period that a domain name license lasts for.
Registry operatorThe entity which issues domain name licenses and maintains their respective records.
Renewal feeCurrent charge in respect of renewing a domain name license.
Registrant TransferThe transfer of a domain name license from one registrant/member to another. We refer to this as a transfer of ownership.
Registrar TransferThe transfer of a domain name license from one registrar to another.
NominetDomain name administration body for .uk domain names (Nominet UK - Company Number 3203859).
DNCDomain Name Commission Limited.
NZRSNew Zealand Domain Name Registry Limited.

20.1 Representations by us

We do not operate any part of the domain name systems, or grant licensing for domain names. Those actions are maintained by the relevant registry(s) who are independently run beyond our control

The domain name registrar's obligations include:

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

This document indicates the terms and conditions that are imposed by the relevant registry operators and the governing bodies to which they are associated.

For so long as the registrar remains are the registrar of record for a domain name there is a service agreement between them and its registrant on these terms and those imposed by the registry operators and their governing bodies.

20.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

  1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement;
  2. You can only expect Services in accordance with the terms of this Agreement, and
  3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement.
  4. Ensure the product is appropriate and compatible for your needs and you supply a valid and accurate domain name.

20.1.2 Terms/Representations

Please see clause 20.16.

20.2 Refunds

20.2.1 Agreement

You expressly and irrevocably agree that:

  1. It is your responsibility to ensure that Services are utilized to their full potential;
  2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
  3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
  4. You have provided us with an accurate and complete domain name that cannot be changed at a later date, therefore you must ensure the spelling and grammar are accurate and appropriate for your needs;
  5. We cannot provide refunds or indemnify you for the cost of purchase for any domain name Service. It is sold at cost price from www.cheapaussiedomains.com.au and cannot be a dysfunctional service;
  6. We may choose, on your request to downgrade an account however no refund will be applied;
  7. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
  8. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
  9. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
  10. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 20.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

20.2.2 Process of claiming refund

In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund is subject to clause 20.1.1 of this Agreement.

20.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

Any suspension or cancellation is subject to clause 20.2.

If your account is cancelled under this agreement:

20.4 Registry requirements

Each registry operator has terms and conditions, policies and requirements covering the registration, renewal, dispute resolution, and transfer of domain name licenses.

Each registry operator may impose new or amended terms and conditions, policies or requirements that take effect immediately.

Some registry requirements are set out in this service agreement, others are cross-referenced. A registry operator may have or introduce new ones.

You are responsible for familiarizing yourself with all registry requirements, whether or not they are included or referenced in this service agreement.

You apply for, and accept, registration for any domain name subject to all applicable registry requirements from time to time.

You release us from any claim arising from registry requirements or anything we do under them.

We are unable us to enforce registry requirements against third parties.

20.5 Domain name application

In order to apply for a domain name license, you must:

Submission of an application does not assure you of a domain name license, even if a preliminary check indicates domain availability.

Your application's success is fulfilled only if:

You acknowledge that the registry operator reserves the right to reject registrations at any time. You may not assume the success of your application nor take any steps or outlay any further investment on the assumption that your application was successful. In any event, we shall not be responsible for any losses and damages that you may have suffered in reliance of your belief that your application would be successful.

20.6 Domain name licensing

The issue of a domain name license entitles you to status of licensee for the domain name. A domain name is not an item of property and has no 'owner'. It is classed as an entry on the database of the registry operator.

The terms application, registration, activation, transfer of (and so on) a domain name merely reflect the application, registration, activation, transfer of (and so on) a domain name license.

A domain name license is subject to its license terms. It may not be used in breach of those license terms, many of which are registry operator (and their relating bodies) requirements, beyond our control.

Ownership of all copyright and database rights is kept by the registry operator.

You should not rely on the continued provision of a domain name license as evidence of a grant or renewed grant of permission to the use of the same. It is your responsibility to ensure a domain name license is within bounds of registry operator (and their relating bodies) requirements. You hold full responsibility for the renewal of domain name licenses.

20.7 Domain name registration period

A domain name license has a fixed period once activated.

Some domain name licenses have a choice of periods, some are fixed. Our application form will indicate the periods available for application. The domain name license period (pending its approval) will be that applied for.

20.8 Registration renewal

You may renew your domain name license in accordance with these terms and those of the relevant registry operator.

You are solely responsible for renewing your domain name license. If you fail to do so prior to the end of previous license term your domain may become available for registration by third parties.

You release us from any potential claim arising from your failure to renew a domain name license.

We may elect to send notification of pending renewal as a courtesy, however:

We will make an effort to advise the registrant of the need to renew a domain name, preferably at least 30 days prior to expiry, by at least:

You are not obliged to renew your domain name license, nor pay any fees associated, unless you choose to do so.

If you choose to renew your domain name license you shall:

A renewal is only successful if:

The period of your renewed domain name license is taken to commence from the date of expiry of your previous license.

20.9 Registration transfer

You are able, at various times to process a change of your domain name license. These times are strictly limited to those mentioned within this document which includes the policies and requirements of the relevant domain registry(s).

20.10 Registrant transfer

A registrant transfer transfers ownership of a domain name license from one registrant to another. A registrant transfer consists of a transferor (old registrant) and a transferee (new registrant).

In order to successfully complete registrant transfer you must:

The transferor releases us from any claims arising under or in relation to this agreement, their domain name license or its transfer as soon as the transfer is affected.

20.11 Registrar transfer in

You are able (subject to policy of the relevant registry operator) apply for the transfer of a domain name license from another domain registrar (company) to ours. A registrar transfer to us is treated as an application for registration in that all clauses in this document are equally applicable. By applying for registrar transfer you agree with this service agreement and any policies as listed by us or the relevant registry operator.

20.12 Registrar transfer out

As you are able to process a registrar transfer to us, you are also able to apply for a registrar transfer to another company. A transfer out is governed by the clauses of this document with reference to the specific section which pertains to the domain name which you are applying to transfer (.e.g. .com, .au, etc).

20.13 Privacy & WHOIS Service

When a domain name license is registered, certain information is collected for use on the WHOIS service. The WHOIS service allows internet users to query a domain name to find out the identity and contact details of the registrant. The public WHOIS service is a standard feature of domain name systems around the world and is subject to the relevant registry operator's policies and requirements.

For .au domain registrations please see auDA's WHOIS policy at http://www.auda.org.au/whois-policy

All Private Registration applications are subject to relevant policies and requirements of the Private Registry Authority and based on your agreement to such policy. By applying and making use of Services provided either directly or through a third party of Private Registry Authority, you understand and agree to all policies, both provided and referred by Private Registry Authority.

20.14 Domain name cancellation

If your domain name license is cancelled for any reason, under these terms or registry operator requirement; a third party may register the domain name instead of you and you release us from any claim arising from the cancellation.

20.15 Back Order Service

The Back Order service is supplied with the intention to monitor your back ordered domain name, and register the back ordered domain name on your behalf upon it becoming available through the respective registry. The domain will only become available if it is no longer registered - either because the previous registration has expired without renewal, or the domain name was deleted. All Back Order applications are subject to the full terms and conditions contained within this document.

Placing a Back Order does not in any way guarantee that the specified domain name will be registered to you at any time. We will make every effort to secure domain registration, subject to these terms (or the terms contained within this entire document). It is possible that the specified domain name will never become available for registration. This means that your Back Order may never be successful, no matter how long you retain the Back Order.

Upon application, the specified domain name will enter our Back Order system. Back Orders will be placed on a first come, first serve basis. Other clients of ours may place Back Orders for the same domain name. The first application will be treated with 100% priority. We may, or may not disclose that there is an existing Back Order for the specified domain name.

Cancellation - A Back Order can be cancelled at any time however no refund for funds paid, either in full or pro rata shall be given where the service supplied to you is functioning.

By placing a Back Order application you agree to:

Your Back Order is only valid for the period which commences from the date that your Back Order request is accepted by us and terminates on the expiration date of your Back Order service. It is entirely your responsibility to ensure the renewal of your Back Order service. Failing to renew your Back Order service prior to the expiration date may forego any priority for a domain name Back Order in the situation where several Back Order applications have been made for the same domain name.

20.16 Domain Pre-Registration

The Domain Pre-Registration service is available to register your intent to register a domain name. The domain will only become available once the TLD is available from Cheap Aussie Domains. We do not guarantee registration of your domain name at any stage of the pre-registration. Once the TLD becomes available from Cheap Aussie Domains you will be contacted via email regarding pricing and registration terms.

Once you domain is available for registration, registrations will be placed on a first come, first serve basis. Other clients of ours may place pre-registrations for the same domain name. The first application will be treated with 100% priority. We may, or may not disclose that there is an existing pre-registration for the specified domain name.

You understand other companies may have the same domain name on backorder in which case the domain may be taken. You understand we will try and get this domain name but there is no guarantee the domain will be available.

You understand we cannot guarantee if and when your domain will become available. Once the TLD becomes available in the future we will notify you via email.

Upon pre-registering a domain name you agree to compfy with all of the associated registry rules and conditions once your domain is purchased.

Cancellation - A pre-registration can be cancelled at any time. Pre-registration is a free service so no refunds will be issued.

20.17 Releases and indemnities

This clause is in addition to any other release or indemnity that you give us under this agreement and any of the relevant registry operators' policies and agreements.

You indemnify us against any dispute between you and any third party with respect to any service offered by us.

You must indemnify, defend and hold us harmless in relation to all disputes on any domain name, its registry operator (e.g. AusRegistry for .au domains, Verisign Inc for .com domains)

You must indemnify, defend and hold all of our directors, officers, employees, agents and affiliates from and against any/all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relation to the provision and use of our services

Each indemnity and release given to us or any other party under this agreement survives the termination or expiration of any service agreement.

20.17.1 Limitation on liabilities

This agreement does not exclude some laws. Such laws may provide rights and remedies that cannot be changed or excluded by this agreement;

  • We exclude all implied conditions and warranties, except any implied conditions and warranties, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition").
  • The liability of us to you for breach of any express provision of this Agreement or any Non-excludable Condition is limited, at the option of us, to refunding the price of the services in respect of which the breach occurred or to providing those services again (except for services of a kind ordinarily acquired for personal domestic or household use or consumption, in respect of which the liability of us is not limited under this Agreement).
  • We are not liable for any failure to perform, or delay in performing, its obligations under this Agreement due to anything beyond its reasonable control. If that failure or delay exceeds 48 hours, you may terminate this Agreement with immediate effect by notice in writing to us.
  • You shall not hold us liable for any loss of privacy, provision of inaccurate information of advice, or damage to your computer systems or files, which may at any time result from your use of the Services. You understand that the email can be read in transit.
  • You accept sole legal responsibility for any messages, file, data or other form of communication which you may from time to time add to or transmit via the Services or receive in any manner whatsoever, and absolve us from any such legal responsibility in this regard.

You understand and agree that opinions, advice, services and all other information expressed on the Internet are those of the provider and not of us. We exercise no control whatsoever over the content of the information passing through the Services.

20.17.2 Registrant Authority

We may act on instructions or requests from a person who to us appears to be the registrant or person acting under authority of the registrant, without being under any obligation to do so having lodged notice of dispute as to the authority of that person.

You release use from any claim arising from action affected with relation to this clause.

20.18 General terms for domain names

20.18.1 Registry requirements

Each registry operator has terms and conditions, policies and requirements covering the registration, renewal, dispute resolution, and transfer of domain name licenses.

Each registry operator may impose new or amended terms and conditions, policies or requirements that take effect immediately.

Some registry requirements are set out in this service agreement, others are cross-referenced. A registry operator may have or introduce new ones.

You are responsible for familiarizing yourself with all registry requirements, whether or not they are included or referenced in this service agreement.

You apply for, and accept, registration for any domain name subject to all applicable registry requirements from time to time.

You release us from any claim arising from registry requirements or anything we do under them.

We are unable us to enforce registry requirements against third parties.

20.18.2 Domain name licensing

The issue of a domain name license entitles you to status of licensee for the domain name. A domain name is not an item of property and has no 'owner'. It is classed as an entry on the database of the registry operator.

The terms application, registration, activation, transfer of (and so on) a domain name merely reflect the application, registration, activation, transfer of (and so on) a domain name license.

A domain name license is subject to its license terms. It may not be used in breach of those license terms, many of which are registry operator (and their relating bodies) requirements, beyond our control.

Ownership of all copyright and database rights is kept by the registry operator.

You should not rely on the continued provision of a domain name license as evidence of a grant or renewed grant of permission to the use of the same. It is your responsibility to ensure a domain name license is within bounds of registry operator (and their relating bodies) requirements. You hold full responsibility for the renewal of domain name licenses.

20.18.3 Domain name application

In order to apply for a domain name license, you must:

  • Complete our application form in full.
  • Read and agree with our service agreement.
  • Submit the appropriate registration fee.
  • Satisfy any requirements pertaining to the domain name license being applied for, and any other requirements notified by us.

Submission of an application does not assure you of a domain name license, even if a preliminary check indicates domain availability.

Your application's success is fulfilled only if:

  • Full registration fee has been paid and all cheques honoured by your bank and confirmed by our accounts department.
  • Your application complies with the association requirements and policies of the applicable registry operator.
  • The applicable registry operator approves your application and permits the issue of domain name license.
  • We have notified you in writing of the final approval of your application.

You acknowledge that the registry operator reserves the right to reject registrations at any time. You may not assume the success of your application nor take any steps or outlay any further investment on the assumption that your application was successful. In any event, We shall not be responsible for any losses and damages that you may have suffered in reliance of your belief that your application would be successful.

20.18.4 Domain name registration period

A domain name license has a fixed period once activated.

Some domain name licenses have a choice of periods, some are fixed. Our application form will indicate the periods available for application. The domain name license period (pending its approval) will be that applied for.

20.18.5 Registration renewal

You may renew your domain name license in accordance with these terms and those of the relevant registry operator.

You are solely responsible for renewing your domain name license. If you fail to do so prior to the end of previous license term your domain may become available for registration by third parties.

You release us from any potential claim arising from your failure to renew a domain name license.

We may elect to send notification of pending renewal as a courtesy, however:

  • We are never obliged to do so.
  • You have no claim against us if we do not provide notification, or if notification does not reach you. It is your sole responsibility to ensure your electronic contact method is correct, active and fully functional.

You are not obliged to renew your domain name license, nor pay any fees associated, unless you choose to do so.

If you choose to renew your domain name license you shall:

  • Agree to any fees required as directed.
  • Agree to the latest service agreement as well as any related policies or requirements listed by the relevant registry operator.
  • Indicate the period for renewal from the available renewal periods as specified by us.

A renewal is only successful if:

  • The renewal fee has been paid and honoured.
  • Your renewal complies with the services agreement, polices and requirements of us and the relevant registry operator.
  • The relevant registry operator approves the renewal request.
  • We have notified you in writing that your application for renewal has been approved.

The period of your renewed domain name license is taken to commence from the date of expiry of your previous license.

20.18.6 Registration transfer

You are able, at various times to process a change of your domain name license. These times are strictly limited to those mentioned within this document which includes the policies and requirements of the relevant domain registry(s).

20.18.8 Registrant transfer

A registrant transfer transfers ownership of a domain name license from one registrant to another. A registrant transfer consists of a transferor (old registrant) and a transferee (new registrant).

In order to successfully complete registrant transfer you must:

  • Provide to us a complete Domain Transfer of Ownership form, as available on our website. The information on this form must be correct, valid and satisfy the requirements set out by the related registry operator.
  • Ensure that the transferor pays any outstanding fees owing to us.
  • Pay any specified fee's relating to the process of a registrant change.
  • Supply satisfactory documentation identifying both the transferor and transferee.
  • Ensure that the Transferee, in accordance with the Domain Transfer of Ownership form acknowledges the entry of this service agreement, our policies, and any requirements/policies of the related registry operator.

The transferor releases us from any claims arising under or in relation to this agreement, their domain name license or its transfer as soon as the transfer is affected.

20.18.9 Registrar transfer in

You are able (subject to policy of the relevant registry operator) apply for the transfer of a domain name license from another domain registrar (company) to ours. A registrar transfer to us is treated as an application for registration in that all clauses in this document are equally applicable. By applying for registrar transfer you agree with this service agreement and any policies as listed by us or the relevant registry operator.

20.18.10 Registrar transfer out

As you are able to process a registrar transfer to us, you are also able to apply for a registrar transfer to another company. A transfer out is governed by the clauses of this document with reference to the specific section which pertains to the domain name which you are applying to transfer (.e.g. .com, .au, etc).

20.18.11 Agreement amendment

We may amend this agreement at any time. Amended terms take effect when they are published unless otherwise specified following which if you continue to use the services, you are deemed to have agreed and be bound to such amendments. We maintain the ability to amend this agreement with retrospective effect in response to any illegal or antisocial conduct that is occurring or likely to occur.

New and amended registry operator requirements may take affect from time to time as indicated by clause 6.

20.19 gTLD Specific terms

The following clause (20.19) applies specifically to gTLDs.

does not operate any part of the domain name systems, or grant licensing for domain names. Cheap Aussie Domains is the registrar for gTLD domain names. is a reseller of Cheap Aussie Domains in this respect. The actions of Cheap Aussie Domains are independently run beyond our control.

Cheap Aussie Domains’s obligations as registrar include:

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

20.19.1 gTLD Name license registration

All gTLD license applications are subject to the relevant polices and requirements of both Verisign Inc and ICANN and based on your agreement to such documents.

20.19.2 gTLD License registrar transfer

Registrar transfer of a gTLD domain name license are subject to the following:

  • You may not effect a registrar transfer within 60 days of license registration.
  • You may not effect a registrar transfer within 60 days of previous registrar transfer.
  • The published policies as provided by the ICANN.

It is a process requirement that you provide an 'authinfo' code in order to effect a registrar transfer. Upon your request a domain's authinfo code will be provided within 5 days of receipt of such request. Provision of such code does not imply approval for transfer. We reserve the right to deny application for a transfer out for any of the following reasons:

  • Evidence of fraud.
  • UDRP action or any other dispute.
  • Court order by a court of competent jurisdiction.
  • Non payment for previous.
  • If the domain is in 'lock status' on application for transfer.
  • The domain name license is expired.
  • Any other reason which we deem sufficient.

We reserve the right to place a 'lock' on the domain name license which may result in denial of registrar transfer. We must receive a request from the registrant or authorised party (subject to satisfactory identification requirements) to unlock the domain name license.

20.19.3 gTLD License dispute resolution policy

All gTLD disputes are subject to ICANNs published DRP Policy, you acknowledge that provision of a domain name license is subject to this and any other published policy.

You must:

  • Comply with the published policy with regards to any dispute.
  • Release use of any claim that may arise from actions undertaken by us or the registry operator in accordance with the published policy.

20.20 .mobi Specific Terms

You acknowledge and agree that the Registry Operator must comply with the requirements, standards, policies, procedures and practices set forth in the .mobi Style Guide ("Style Guide") available at http://www.mtld.mobi and consent to the monitoring of the website as described in the .mobi Style Guide monitoring guidelines available at http://www.mtld.mobi for compliance with the Style Guide. Furthermore, You acknowledge and agree that this Style Guide is subject to modification by the Registry Operator with any such changes appearing at the previously designated URL, and that You must promptly comply with any such changes in the time allotted.

Acknowledge that if the domain name being registered is a dotMobi Premium Name, as such are listed at http://mtld.mobi/content/premium-names, then use of the domain is also subject to the terms and conditions of the dotMobi Premium Name Agreement (formerly known as the dotMobi Auction Agreement) posted at http://mtld.mobi/node/1135, which is incorporated by reference herein.

does not operate any part of the domain name systems, or grant licensing for domain names. Cheap Aussie Domains is the registrar for .mobi domain names. is a reseller of Cheap Aussie Domains in this respect. The actions of Cheap Aussie Domains are independently run beyond our control.

Cheap Aussie Domains's obligations as registrar include:

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

20.21 .au Specific terms

The following clause (20.21) applies specifically to .au domain names.

.au domain names are governed by auDA. The following policies and procedures apply to all .au domain name registrations. Further information can be found on auDA's website

In this clause, auDA Published Policies means those specifications and policies established and published by auDA from time to time at http://www.auda.org.au.

We do not operate any part of the domain name systems, or grant licensing for domain names. Those actions are maintained by Web Address Registration Pty Ltd who is independently run beyond our control. is a reseller of Web Address Registration Pty Ltd domain names.

Web Address Registration Pty Ltd's obligations as registrar include:

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

20.21.1 .au Domain name license registration

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.

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.

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.

20.21.2 .au Domain name license

Your Domain Name license will be effective for a two year period, once:

  • Your application is accepted and approved by us and by the Registry Operator.
  • You have paid the applicable fees.
  • Unless it is cancelled earlier under the terms of this document or under any Published Policies.

Your Domain Name license may be renewed every two years, as long as you:

  • Pay the applicable renewal fees.
  • Continue to meet the eligibility criteria prescribed in the Published Policies.

You accept that it is your responsibility to ensure that your Domain Name license is renewed.

You may cancel your Domain Name license at any time by notifying us in writing.

We may cancel your Domain Name license if you breach any provision of this document. We reserve the right to hold payment and deny refund.

20.21.3 Your statement to us and auDA

You confirm and state to us, Web Address Registration Pty Ltd and to auDA separately that:

  • All the information set out in your Domain Name application, and all information you give us, are true, complete and correct, and are not misleading or deceptive, and your application is made in good faith.
  • You meet, and continue to meet, for the duration of the Domain Name license, the eligibility criteria prescribed in the Published Policies for registering the Domain Name.
  • You have not previously submitted an application for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:
    • You are relying upon the same eligibility criteria for both domain names.
    • The Domain Name has previously been rejected by the other registrar
  • Your registration or use of the Domain Name does not infringe any person's legal rights.
  • You are aware that even if the Domain Name is accepted for registration, your entitlement to register the Domain Name may still be challenged by others who claim to have an entitlement to the Domain Name.

You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we, Web Address Registration Pty Ltd or auDA may cancel your Domain Name license.

You agree to indemnify us, Web Address Registration Pty Ltd and auDA separately for any loss or damage suffered by us, Web Address Registration Pty Ltd or auDA as a result of any of us relying upon your above statements.

20.21.4 Our obligations to you

Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.

We will give you immediate notice if:

  • Web Address Registration Pty Ltd is no longer an accredited registrar.
  • Web Address Registration Pty Ltd's auDA Accreditation is suspended or terminated.
  • Web Address Registration Pty Ltd's registrar agreement with auDA is terminated by auDA.

auDA may post notice of:

  • The fact that Web Address Registration Pty Ltd are no longer an accredited registrar.
  • The suspension or termination of Web Address Registration Pty Ltd's auDA Accreditation.
  • The termination of Web Address Registration Pty Ltd's registrar agreement with auDA.

On its web site, and may, if it considers appropriate, give such notice to you directly.

20.21.5 Your obligations to us

You must comply with the Published Policies, as if they were incorporated into, and form part of, this document. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of any such inconsistencies between this Agreement and the Published Policy.

You acknowledge that under the Published Policy:

  • There are mandatory terms and conditions that apply to all domain names licenses, and such terms and conditions are incorporated into, and form part of, this document.
  • You are bound by, and must submit to, the .au Dispute Resolution Policy (auDRP).
  • auDA may delete or cancel the registration of a .au domain name.

Throughout the period of your Domain Name license, you must give notice to the Registry Operator (through us) of any change to any information which you have given us.

20.21.6 Use of your information

You give to:

  • auDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Published Policies.
  • Us and Web Address Registration Pty Ltd 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.
  • 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.

20.21.7 Dispute resolution

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 license holder, or between a domain name license holder and a third party, in relation to entitlements to domain names.

The auDRP binds you and us severally as if it were incorporated in this document.

You accept that:

  • 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.
  • Such policies bind you and us severally as if they were incorporated in this document.

20.21.8 .au Domain name license registrar transfer

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:

  • The maximum fees which we can charge you for such transfer.
  • When we are not allowed to charge you fees.
  • The conditions under which we must transfer the registered Domain Name.
  • The conditions under which we are entitled not to transfer the registered the Domain Name.

If:

  • Web Address Registration Pty Ltd is no longer an accredited registrar.
  • Web Address Registration Pty Ltd's auDA Accreditation is suspended or terminated.
  • Web Address Registration Pty Ltd's registrar agreement with auDA is terminated by auDA.

Then we will transfer the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of a written notice being provided to you by auDA.

If Web Address Registration Pty Ltd’s registrar agreement with auDA is terminated, we will not charge you any fee for the transfer of the registered Domain Name to another registrar.

20.21.9 Limitation of liabilities

You cannot pursue any claim against auDA or against us, and to the fullest extent permitted by law, neither auDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA or us, or any of auDA's or our employees, agents or contractors, including but not limited to any breach by us of our obligations under this document, or under Web Address Registration Pty Ltd’s registrar agreement with auDA.

You agree to indemnity, keep indemnified and hold auDA and us, and auDA's and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.

You accept and agree that if we have any outstanding fees owing to auDA, which gives auDA a right to terminate Web Address Registration Pty Ltd’s registrar agreement with auDA, then auDA may in its sole discretion terminate the registrar agreement with Web Address Registration Pty Ltd.

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 license 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.

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.

Nothing in this document is to be read as excluding, restricting or modifying the operation of Trade Practices Act 1974, or the application of any legislation which by law cannot be excluded, restricted or modified.

20.21.10 Our agency

We enter into this document as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of the rights and covenants conferred to it under this document. auDA is an intended third party beneficiary of this document.

20.21.11 General

In this document:

  • A reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties.
  • A reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form.
  • Headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document.
  • Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.

All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect.

If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.

This document is governed by and is to be construed in accordance with the laws of Victoria, Australia. The Agreement between the Registrar and auDA (also binding the Reseller) is governed by and is to be construed in accordance with the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and waives any right to object to proceedings being brought in those courts.

20.22 .nz Specific terms

The following clause (20.22) applies specifically to .nz domain names.

20.22.1 .nz Domain name license registration

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:

  • 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.
  • The domain name is registered in your name only because no other person has it according to the records of the register; and
  • 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
  • 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.

do not operate any part of the domain name systems, or grant licensing for domain names. Carlayan Pty Ltd is the registrar for .nz domain names. is a reseller of Carlayan Pty Ltd in this respect. The actions of Carlayan Pty Ltd are independently run beyond our control.

Carlayan Pty Ltd's obligations as registrar include:

  • The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
  • Carrying out limited functions on behalf of the registry operators
  • Serving as a registrar of record
  • Provision of online facilities for the management of domain names
  • Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

20.22.2 .nz Domain name license registrar transfer

Registrar transfer of a .nz domain name license are subject to the following:

  • You may not effect a registrar transfer within 5 calendar days of license registration.
  • The published policies as provided by the DNC.

It is a process requirement that you provide an 'UDAI' code in order to effect a registrar transfer. Upon your request a domain's UDAI code will be provided within 5 days of receipt of such request. Provision of such code does not imply approval for transfer.

20.22.3 Our obligations

We agree that we will:

  • Comply with all .nz policies and accurately represent these to you;
  • 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;
  • 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);
  • 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 or within 48 hours outside of advertised business hours;
  • 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;
  • Arrange for correction of any error in the information in the register about any domain name registered to you when requested;
  • 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;
  • Use your personal information only as authorised by you;
  • Take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
  • Comply with any order of any authority having jurisdiction regarding any domain name registered to you;
  • Use our best endeavours to deal with any complaints you may have about the services we provide for you.

20.22.4 Your obligations to us and DNC

You agree that you will:

  • Comply with the .nz policies. You agree that you have read and understood the current policies;
  • 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;
  • Keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
  • 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;
  • Ensure that you only use our services for a lawful purpose;
  • Ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
  • Ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
  • 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, and
  • Make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.

20.22.5 Register is the record

For all purposes the details shown in the register shall be treated as correct and the authoritative record.

20.22.6 Payment of fees

You agree to pay for the services we provide to you.

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.

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.

Our usual fees are for domain name license registration and renewal. We may also charge for any other services provided by us. We will tell you before any additional charge is incurred.

Our prices are stated in the currency indicated and include all applicable taxes.

20.22.7 Suspension and refusal to supply services

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

  • Cancel registration of that domain name; or
  • Refuse to provide a service you request.

20.22.8 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 (14) days notice before we initiate action to cancel that domain name.

20.22.9 Exclusion of liability

We exclude all liability, (including without limitation, any liability for direct, indirect or consequential loss or damage that may arise from any breach or failure by us to perform its obligations under this agreement or any negligent acts of us) we may have to you for any claim except where we have acted in bad faith.

This exclusion also applies for the benefit of:

  • InternetNZ, the registry and any other entity we are in any business relationship with;
  • Every officer, employee, contractor, agent of us;
  • 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 that we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.

20.22.10 Limitation of liability

We have excluded all other liability we or any of the persons specified in clause 20.22.9 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 20.21.9 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.

20.22.11 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 20.22.15 says otherwise.

To the extent legally permitted:

  • All our services are provided under New Zealand law.
  • 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.
  • Except as otherwise stated, you may take action against us only in a New Zealand court.
  • 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.

20.22.12 Cancelling the agreement

We may cancel or suspend this Agreement by giving you one months notice if you do not meet your duties to us.

We may end the agreement for any other reason by giving you one month's notice.

20.22.13 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.

20.22.14 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.

20.22.15 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 this Agreement, and this clause 20.22.15.

20.23 .uk Specific terms

The following clause (20.23) applies specifically to .uk domain names.

20.23.1 .uk Domain name license registration

All .uk license applications are subject to the relevant polices and requirements Nominet and based on your agreement to such documents. By applying for registration of a .uk domain name license you agree to enter a separate contract with Nominet.

Primary policies of note with relation to .uk registration:

  • Terms - http://www.nic.uk/registrants/aboutdomainnames/legal/terms/
  • Rules - http://www.nic.uk/registrants/aboutdomainnames/rules/
  • DRS Policy & Procedure - http://www.nic.uk/disputes/drs/policyandprocedure/

You warrant to us that you have accepted the terms, policies and agreements provided by Nominet.

You release use of any claim that may arise from actions undertaken by us or the registry operator in accordance with the published policy.

does not operate any part of the domain name systems, or grant licensing for domain names. Cheap Aussie Domains is the registrar for .uk domain names. is a reseller of Cheap Aussie Domains in this respect. The actions of Cheap Aussie Domains are independently run beyond our control.

Cheap Aussie Domains's obligations as registrar include:

  • The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
  • Carrying out limited functions on behalf of the registry operators
  • Serving as a registrar of record
  • Provision of online facilities for the management of domain names
  • Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

20.23.2 .uk Domain name license registrar transfer

Registrar transfer of a .uk domain name license are subject to the following:

  • You may not effect a registrar transfer within 60 days of license registration
  • You may not effect a registrar transfer within 60 days of previous registrar transfer
  • The published policies as provided by the Nominet

Registrar transfer for .uk domain name licenses requires changing the registrar tag of the domain name. You must allow 5 days for this process to take place. We may charge a manual tag change fee of.

We reserve the right to place a 'lock' on the domain name license which may result in denial of registrar transfer. We must receive a request from the registrant or authorised party (subject to satisfactory identification requirements) to unlock the domain name license.

20.24 .info Specific Terms

The following clause (20.24) applies specifically to .info domain names.

20.24.1 .info Domain Name Licence Terms

Your application for a .info domain name license implies understanding and agreement to all policies held by us, the Registry Operator (Afilias) and ICANN.

The Registrant applies consent to the use, copying, distribution, publication, modification and other processing of Registrants personal data by the Registry Operator and its agents.

Registrant agrees to maintain up to date and correct registration information for any domain name during the entirety of its registration term. It is the registrants responsibility to ensure the domain name license is secured and that it is held should you wish to continue after expiry.

does not operate any part of the domain name systems, or grant licensing for domain names. Cheap Aussie Domains is the registrar for .info domain names. is a reseller of Cheap Aussie Domains in this respect. The actions of Cheap Aussie Domains are independently run beyond our control.

Cheap Aussie Domains's obligations as registrar include:

  • The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
  • Carrying out limited functions on behalf of the registry operators
  • Serving as a registrar of record
  • Provision of online facilities for the management of domain names
  • Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

20.24.2 Right to Deny

Both the Registrar and Registry Operator expressly reserve the right to deny, cancel, transfer and lock any registration it deems necessary, in their sole discretion, to protect the integrity and stability of the registry, to comply with applicable laws or governmental requirements, requests of law enforcement, to comply to any dispute resolution process or to avoid liability, civil or criminal on the part of the Registry, Registry operator, their affiliates, subsidiaries, officers, directors and employees.

20.24.3 Dispute Resolution

All .info registrations are subject to ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP). You hereby agree to proceed under this policy either as the registrant or complainant.

20.25 .org Specific Terms

The following clause (20.25) applies specifically to .org domain names.

20.25.1 Domain Name Licence Terms

Your application for a .org domain name license implies understanding and agreement to all policies held by us, the Registry Operator (Afilias) and ICANN.

You agree to indemnify, defend and hold harmless the Registry Operator, the Registrar and its subcontractors, shareholders, directors, officers, employees, agents and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registrants domain name license registration.

does not operate any part of the domain name systems, or grant licensing for domain names. Cheap Aussie Domains is the registrar for .org domain names. is a reseller of Cheap Aussie Domains in this respect. The actions of Cheap Aussie Domains are independently run beyond our control.

Cheap Aussie Domains's obligations as registrar include:

  • The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
  • Carrying out limited functions on behalf of the registry operators
  • Serving as a registrar of record
  • Provision of online facilities for the management of domain names
  • Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

20.26 .biz Specific Terms

The following clause (20.26) applies specifically to .biz domain names.

does not operate any part of the domain name systems, or grant licensing for domain names. Cheap Aussie Domains is the registrar for .biz domain names. is a reseller of Cheap Aussie Domains in this respect. The actions of Cheap Aussie Domains are independently run beyond our control.

Cheap Aussie Domains's obligations as registrar include:

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

20.26.1 .biz Restrictions

Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

  • To exchange goods, services, or property of any kind;
  • In the ordinary course of trade or business; or
  • To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.

Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or "commercial use" of that domain name.

20.26.2 .biz Certification

As a .biz domain name Registrant, you hereby certify to the

  • The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.NeuStar.biz
  • The domain name Registrant has the authority to enter into the registration agreement; and
  • The registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.

For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

  • To exchange goods, services, or property of any kind;
  • In the ordinary course of trade or business; or
  • To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.

Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.

For illustration purposes, the following shall not constitute a "bona fide business or commercial use" of a domain name:

  • Using or intending to use the domain name exclusively for personal, non-commercial purposes; or
  • Using or intending to use the domain name exclusively for the expression of non-commercial ideas (i.e., registering abcsucks.biz exclusively to criticize or otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose);

Using the domain name for the submission of unsolicited bulk e-mail, phishing, pharming or other abusive or fraudulent purposes.

20.26.3 Provision of Registration Data

As part of the registration process, you are required to provide the registry administrator with certain information and to update this information to keep it current, complete and accurate. This information includes:

  • your full name, postal address, e-mail address, voice telephone number, and fax number if available;
  • the name of an authorized person for contact purposes in the case of a Registrant that is an organization, association, or corporation;
  • the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name;
  • the corresponding names of those nameservers;
  • the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
  • the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
  • the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
  • any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Accreditation Agreement (the "ICANN Agreement"), available at ICANN's site.

You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to the registry administrator, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by the registry administrator concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.

20.26.4 Dispute Resolution

If you reserved or registered a .biz domain name through the Registrar, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

  • The Uniform Domain Name Dispute Resolution Policy, currently available at http://www.icann.org/udrp/udrp.htm; and
  • Restrictions Dispute Resolution Criteria and Rules, currently available at http://neustarregistry.biz/restrictions-dispute-resolution-policy.

The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant of a .biz domain name ("Registrant") with any third party (other than registry administrator or registrar) over the registration or the use of a .biz domain name registered by Registrant. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry administrator. Registry administrator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the UDRP processes.

20.27 .asia Specific Terms

The following clause (20.27) applies specifically to .asia domain names.

20.27.1 .asia Domain Name Licence Terms

Your application for a .asia domain name license implies understanding and agreement to all policies held by us, the Registry Operator (DotAsia) and ICANN.

The Registrant applies consent to the use, copying, distribution, publication, modification and other processing of Registrants personal data by the Registry Operator and its agents.

Registrant agrees to maintain up to date and correct registration information for any domain name during the entirety of its registration term. It is the registrants responsibility to ensure the domain name license is secured and that it is held should you wish to continue after expiry.

do not operate any part of the domain name systems, or grant licensing for domain names. Cheap Aussie Domains is the registrar for .asia domain names. is a reseller of Cheap Aussie Domains in this respect. The actions of Cheap Aussie Domains are independently run beyond our control.

Cheap Aussie Domains's obligations as registrar include:

  • The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
  • Carrying out limited functions on behalf of the registry operators
  • Serving as a registrar of record
  • Provision of online facilities for the management of domain names
  • Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

20.27.2 Right to Deny

Both the Registrar and Registry Operator expressly reserve the right to deny, cancel, transfer and lock any registration it deems necessary, in their sole discretion, to protect the integrity and stability of the registry, to comply with applicable laws or governmental requirements, requests of law enforcement, to comply to any dispute resolution process or to avoid liability, civil or criminal on the part of the Registry, Registry operator, their affiliates, subsidiaries, officers, directors and employees.

20.28 .tel Specific Terms

The following clause (20.28) applies specifically to .tel domain names.

20.28.1 .tel Domain Name Licence Terms

Your application for a .tel domain name license implies understanding and agreement to all policies held by us, the Registry Operator (Neustar, Inc), TelNic and ICANN.

The Registrant applies consent to the use, copying, distribution, publication, modification and other processing of Registrants personal data by the Registry Operator and its agents.

Registrant agrees to maintain up to date and correct registration information for any domain name during the entirety of its registration term. It is the registrants responsibility to ensure the domain name license is secured and that it is held should you wish to continue after expiry.

does not operate any part of the domain name systems, or grant licensing for domain names. Cheap Aussie Domains is the registrar for .tel domain names. is a reseller of Cheap Aussie Domains in this respect. The actions of Cheap Aussie Domains are independently run beyond our control.

Cheap Aussie Domains's obligations as registrar include:

  • The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
  • Carrying out limited functions on behalf of the registry operators
  • Serving as a registrar of record
  • Provision of online facilities for the management of domain names
  • Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

20.28.2 Right to Deny

Both the Registrar and Registry Operator expressly reserve the right to deny, cancel, transfer and lock any registration it deems necessary, in their sole discretion, to protect the integrity and stability of the registry, to comply with applicable laws or governmental requirements, requests of law enforcement, to comply to any dispute resolution process or to avoid liability, civil or criminal on the part of the Registry, Registry operator, their affiliates, subsidiaries, officers, directors and employees.

20.28.3 Dispute Resolution

All .tel registrations are subject to ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP). You hereby agree to proceed under this policy either as the registrant or complainant.

20.29 .cn Specific Terms

The following clause (20.29) applies specifically to .cn domain names.

20.29.1 .cn Domain Name Licence Terms

Your application for a .cn domain name license implies understanding and agreement to all policies held by us, the Registry Operator (Neustar, Inc) and CNNIC, particularly but not limited to:

  • China Internet Domain Name Regulations (currently at http://www1.cnnic.cn/html/Dir/2005/03/24/2861.htm)
  • CNNIC Detailed Rules of Internet Domain Name Registration Administration (currently at http://www1.cnnic.cn/html/Dir/2003/11/27/1522.htm)
  • CNNIC Domain Name Dispute Resolution Policy (currently at http://www1.cnnic.cn/html/Dir/2006/03/15/3655.htm)
  • Rules for CNNIC Domain Name Dispute Resolution Policy

Registrant agrees to maintain up to date and correct registration information for any domain name during the entirety of its registration term. It is the registrants responsibility to ensure the domain name license is secured and that it is held should you wish to continue after expiry.

.cn domain name licenses are intended for business and organisations, not for individual use. You may not use a .cn domain name license that is deemed by CNNIC to:

  • Be against the basic principles prescribed in the Constitution of the Peoples Republic of China ("PRC");
  • Jeopardize national security, leak state secrets, intend to overturn the government, or disrupt of state integrity of the PRC;
  • Harm national honour and national interests of the PRC;
  • Instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC;
  • Violate the PRC's religion policies or propagate cult and feudal superstition;
  • Spread rumours, disturb public order or disrupt social stability of the PRC;
  • Spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;
  • Insult, libel against others and infringe other people's legal rights and interests in the PRC; or
  • Take any other action prohibited in laws, rules and administrative regulations of the PRC.

does not operate any part of the domain name systems, or grant licensing for domain names. Carlayan Pty Ltd is the registrar for .cn domain names. is a reseller of Carlayan Pty Ltd in this respect. The actions of Carlayan Pty Ltd are independently run beyond our control.

Carlayan Pty Ltd's obligations as registrar include:

  • The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
  • Carrying out limited functions on behalf of the registry operators
  • Serving as a registrar of record
  • Provision of online facilities for the management of domain names
  • Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

20.29.2 Dispute Resolution

If you reserved or registered a .cn domain name through the Registrar, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of CNNIC and Neulevel documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement.

20.29.3 Right to Deny

Both the Registrar and Registry Operator expressly reserve the right to deny, cancel, transfer and lock any registration it deems necessary, in their sole discretion, to protect the integrity and stability of the registry, to comply with applicable laws or governmental requirements, requests of law enforcement, to comply to any dispute resolution process or to avoid liability, civil or criminal on the part of the Registry, Registry operator, their affiliates, subsidiaries, officers, directors and employees.

20.30 .be Domain Name Licence Terms

The following clause (20.30) applies specifically to .be domain names.

does not operate any part of the domain name systems, or grant licensing for domain names. Cheap Aussie Domains is the registrar for .be domain names. is a reseller of Cheap Aussie Domains in this respect. The actions of Cheap Aussie Domains are independently run beyond our control.

Cheap Aussie Domains's obligations as registrar include:

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

20.30.1 Acceptable domain names

DNS BE will not accept the following domain names for registration:

  • Names that are already registered ("first come, first served" -principle), names in quarantine, names that are put "out-of-support" or on hold.
  • Names that consist of characters other than "a-z", "A-Z", "0-9" and "-", or that start or end with "-" (as recommended in RFC 1035, published on the web site of DNS BE).
  • Names of less than two (2) or more than sixty-three (63) characters.
  • Names with "-" on the third and the fourth position.

Names will be registered for the person whose application is completed first, notwithstanding earlier applications for those names that are not yet complete. An application is complete when it is received by the DNS BE computer system (not when it was sent), and when it contains all the data required by DNS BE.

The refusal to register a domain name does not create any rights (priority rights or other) for the applicant. The applicant may file a new application, in competition with anybody else, if that name later becomes available to the public.

20.30.2 Right of use

  1. After the registrar completes the registration process and pays the registration fees, registrant is granted the exclusive right to use the domain name applied for.
  2. The right of use is valid for one year and is renewable as far as the registration fee has been settled.
  3. A domain name is put on hold if DNS BE is notified that legal proceedings, whether within or outside the scope of a court of law, are in progress over that name. A domain name that is on hold cannot be transferred or deleted, nor can the details of registrant be modified. Registrant can, however, still use his domain name.
  4. DNS BE may terminate the registration if registrant breaches any of the terms and conditions of the domain name registration. In case of a breach of the terms and conditions, DNS BE can send a reminder by e-mail to both the registrar and registrant informing them that the registration will be terminated if the breach is not remedied within 14 days.
  5. After termination of the registration for reasons outside the scope of item d) of this article, the concerned domain name shall be placed in quarantine for forty (40) days. During this period the registrar can restore the domain name to its original status at the request of registrant provided that a reactivation fee is paid. At the end of this period the concerned domain name can be made available again for registration provided that it has not been reactivated.
  6. A domain name is labelled "out-of-support" in case the registrar contract with DNS BE is terminated and DNS BE has asked registrants to find a new registrar.

20.30.3 Fees and payment

  1. Registrant is aware that the registrar acting on his behalf must pay the initial registration fee and the renewal fee according to the agreement between the registrar and DNS BE.
  2. The registrar has access to the computer system of DNS BE in order to verify the status and expiration date of the domain names that he manages. The registrar is responsible for the timely information of registrant that the registration of his domain names is due to be renewed.
  3. DNS BE is not responsible for the registrar's non-payment of registration or renewal fees, which may result in the non-registration or cancellation of a domain name (even if registrant has paid the registrar).

20.30.4 Obligation to have a working e-mail address

Registrant must have a working e-mail address, which is inserted in the DNS BE data base. DNS BE and registrant must use this e-mail address for official communication between them, and registrant must keep the address up-to-date through his registrar. If the e-mail address is not kept up-to-date, registrant is in breach of these terms and conditions and DNS BE may terminate the registration as provided in article 3 above.

20.30.6 Agreement between domain name holder and registrar

  1. The registration and renewal process with DNS BE can only be conducted by registrant through an authorised registrar, who is acting on behalf of registrant but for its own account. DNS BE must make available on its web site a list of the authorised registrars, and a copy of the typical agreement between DNS BE and the registrar. DNS BE is not a party to the agreement between registrant and his registrar incurs no obligation or liability from that agreement.
  2. If a registrar is no longer an authorised registrar because the agreement with DNS BE is terminated, DNS BE must send an e-mail to registrants informing them that their domain name is put "out-of-support" and asking them to appoint another registrar within one month. If registrant does not appoint another registrar within one month, the registration agreement between DNS BE and registrant will be terminated at the end of its term with no possibility of renewal. Registrant's domain name will remain "out-of-support" until the later of three months after DNS BE sent the notice-mail to registrant, or two months after the registration was terminated. While the domain name is "out-of-support" registrant may appoint another registrar who may send a request, including its reasons, to DNS BE to become the new registrar of registrant and restore the registration if terminated.
  3. If a domain name holder terminates the agreement with his registrar, he must at the same time designate a new registrar who must inform DNS BE of the proposed change of registrar. After the reception of the transfer request made by the new registrar, DNS BE will inform registrant of the proposed change by e-mail. This e-mail will contain a code which will permit registrant to confirm or to reject the transfer via the website of DNS BE. Registrant must bring in his confirmation or rejection via the website of DNS BE within 7 days following the e-mail from DNS BE. If registrant does not respond within 7 days, DNS BE must send a reminder by e-mail to the new registrar informing him that the transfer will only take effect if registrant confirms the change to DNS BE by a duly undersigned fax message within 7 days following the reminder by e-mail. In absence of confirmation within 7 days, the initiated transfer will be cancelled.
  4. When a domain name holder wants to transfer a domain name to a third party, the latter must ask his registrar to start the procedure described in item c) of this article with the exception that registrant and the third party must confirm the proposed change via the website or fax.
  5. The successful execution of the procedures described in items c) and d) of this article means that a new registration period is started for the concerned domain names and implies payment of the original registration fee as specified in article 32.5 a). No reimbursement of fees paid for the initial registration period shall be made.

20.30.6 Privacy policy

  1. Registrant authorises DNS BE to process personal and other data required to operate the ".be" domain name system. DNS BE shall only use these data within the framework of the management of the .be domain name zone and related services. DNS BE may only transfer these data to third parties if ordered to do so by the public authorities (local or national, judicial or administrative), upon demand of the dispute resolution entity mentioned in article 32.9 or as provided in paragraph (c) of this article. Registrant has the right to access his personal data and to arrange for it to be amended, where errors exist.
  2. Registrant must keep DNS BE immediately informed through the registrar of any change in name, address, e-mail address, telephone and fax numbers. An omission or delay in informing DNS BE of such changes may result in the termination of the registration.
  3. Registrant authorises DNS BE to make the following personal data accessible on its website (through the so called WHOIS-search facility) - along with some other technical data - to guarantee the transparency of the domain name system towards the public:
    • name, address and telephone and fax number of domain name holder;
    • date of registration and status of the domain name;
    • e-mail address of domain name holder;
    • language chosen for the dispute resolution set out in article 10.

Registrant also authorises DNS BE to transfer these data to third parties within the scope of domain name information or monitoring services.

In exception to the two previous paragraphs, the name, address, telephone and fax numbers of registrant will not be accessible on the website (through WHOIS search facility) nor be transferred to third parties if registrant is a private person.

Third parties that want to know the personal data of a private domain name holder and that have legitimate reasons for such a disclosure, can send a motivated request to DNS BE. DNS BE will evaluate the invoked legitimacy for the disclosure and take a decision whether or not to communicate the requested data.

20.30.7 Representations and warranties

  1. Registrant represents and warrants that:
    1. all statements made during the registration process and the term of the registration are complete and accurate;
    2. registering the domain name will not infringe or otherwise violate the rights of a third party;
    3. the domain name is not registered for an unlawful purpose;
    4. the domain name is not used in violation of any applicable laws or regulations, such as a name that helps to discriminate on the basis of race, language, sex, religion or political view;
    5. the domain name is not contrary to public order or morality (e.g. obscene or offensive names);
  2. DNS BE is not liable for any damage, including direct or indirect damage, consequential damage and loss of profits, whether in contract, tort (including negligence), or otherwise, resulting from or related to the registration or use of a domain name or to the use of its software or web site, even if DNS BE has been advised of the possibility of such damage, e.g. regarding:
    1. registration or renewal (or the default of registration or renewal) of a domain name in favour of a domain name holder or a third party due to an error concerning their identity;
    2. termination of DNS BE's authority to register domain names in the ".be" domain;
    3. rights that third parties claim to domain names;
    4. technical problems or faults;
    5. acts or omissions of the registrars regarding the application, registration or renewal of domain names which may result in the non-registration or cancellation of a domain name.

Point iv however, does not apply when registrant is a registrant.

DNS BE will use its best efforts to provide its services according to the "best practices" standards adopted and approved in national or international context.

Registrant must indemnify DNS BE against any claim (and the resulting costs, including attorneys' fees) originating from the use or registration of a domain name that infringes the rights of a third party.

Disputes between DNS BE and registrant must be brought before the courts of Brussels who will have exclusive jurisdiction, and must be governed and interpreted in accordance with the laws of Belgium, unless the registrant has the legal right to bring the dispute before another court or to have it governed in accordance to other law.

20.30.8 Change of terms and conditions

  1. The rules of the domain name registration procedure are dynamic and subject to change.
  2. If DNS BE decides to change its rules, it will make the new rules available to the public by posting them on its web site at least thirty (30) days before the new rules take effect. Each registration procedure will be handled according to the rules in effect on the date the application is complete.
  3. As a deviation of the previous rule, DNS BE can modify the technical registration rules of article 2 without the application of the mentioned minimum delay of thirty (30) days. Such modifications will take effect from the moment of their announcement on the website of DNS BE. DNS BE can only make use of this specific procedure as far as those modifications seem justified within the national or international technical context and as far as they are intended to prevent registrations of speculative nature.
  4. DNS BE will not personally inform domain name holders, whose domain names have been rejected in the past, that new rules apply, even if the rejected names would be allowed under the new rules.

20.30.9 Dispute resolution policy

  1. Dispute resolution.
  2. Registrant must submit the type of disputes set out below to alternative dispute resolution proceedings and accepts in this regard the competence of an accredited Dispute Resolution Entity. Registrant accepts that those proceedings must be conducted before one of the accredited Dispute Resolution Entities listed at the web site of DNS BE. The procedure will be conducted in the language chosen by registrant during his application. Every dispute will be governed by the dispute resolution policy applicable when the complaint is filed.

  3. Applicable disputes.
    1. Registrant must submit a dispute to alternative dispute resolution proceedings if a third party (a "Complainant") asserts to the Dispute Resolution Entity, in compliance with the rules of procedure, and proves that:
      • registrant's domain name is identical or confusingly similar to a trademark, a trade name, a social name or corporation name, a geographical designation, a name of origin, a designation of source, a personal name or name of a geographical entity in which the Complainant has rights; and
      • registrant has no rights or legitimate interests in the domain name; and
      • registrant's domain name has been registered or is being used in bad faith.
    2. The evidence of such in bad faith registration or use of a domain name can inter alia be demonstrated by the following circumstances:
      • circumstances indicating that the domain name was registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name to the Complainant who is the owner of the trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of the geographical entity, or to a competitor of that Complainant, for valuable consideration in excess of the costs directly related to the domain name; or
      • the domain name was registered in order to prevent the owner of a trademark, a trade name, a social name or corporation name, a geographical designation, a name of origin, a designation of source, a personal name or a name of a geographical entity from reflecting this name in a corresponding domain name, provided that registrant has engaged in a pattern of such conduct; or
      • the domain name was registered primarily for the purpose of disrupting the business of a competitor; or
      • the domain name was intentionally used to attract, for commercial gain, Internet users to registrant's web site or other on-line location, by creating a likelihood of confusion with the Complainant's trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of a geographical entity as to the source, sponsorship, affiliation, or endorsement of registrant's web site or location or of a product or service on his web site or location.
      • registrant registers one or more personal names without the existence of a demonstrable link between registrant and the registered domain names.
    3. If a complaint is filed, registrant can demonstrate his rights or legitimate interests to the domain name by the following circumstances:
      • prior to any notice of the dispute, registrant used the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services or made demonstrable preparations for such use; or
      • registrant (as an individual, business, or other organization) has been commonly known by the domain name, even if he has acquired no trademark; or
      • registrant is making a legitimate and non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert registrants or to tarnish the trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of the geographical entity at issue.
  4. Rules of procedure.
  5. The rules of procedure of the Dispute Resolution Entity state how to initiate and conduct the proceedings, which delays apply and how to appoint the Third-party Decider that will decide the dispute.

    The rules of procedure also determine the fees that the Complainant must pay.

    The Dispute Resolution Entity publishes the rules of procedure on its web site.

  6. Non-intervention of DNS BE.
  7. DNS BE does not, and will not, participate in the administration or conduct of any proceedings before a Third-party Decider. Neither DNS BE, the Dispute Resolution Entity or the Third-party Decider will be liable as a result of any fault made in the dispute resolution process, except for intentional faults.

  8. Remedies.
  9. The remedies available to a Complainant under any proceedings before the Third-party Decider are limited to requiring the cancellation of the domain name registration or the transfer of the domain name to the Complainant.

  10. Notification and publication.
  11. The Dispute Resolution Entity must publish all decisions under this dispute resolution policy on the Internet during a reasonable term. DNS BE must also be informed of these decisions. If registrant is involved in other legal procedures concerning his/her domain name, he/she must inform DNS BE of the final decision(s). DNS BE may decide to publish the decisions referred to in the present article.

  12. Courts of competent jurisdiction.
  13. The submission to the alternative dispute resolution procedures does not prevent either registrant or the Complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before, during or after those proceedings. If a Third-party Decider decides that the domain name registration should be cancelled or transferred, DNS BE will implement that decision 15 days after being informed of the Third-party Decider's decision except if registrant has started the appeal procedure of the dispute resolution in due time If the appeal procedure was started in time, DNS BE will not take further action (whilst leaving the domain name on hold) until the appeal procedure has ended or has been cancelled.

  14. Other disputes
  15. All other disputes between registrant and any party other than DNS BE over the domain name registration that are not brought under the alternative dispute resolution procedures must be resolved through any court proceedings, arbitration or other available proceedings.

  16. Defences.
  17. DNS BE will not participate in any dispute between registrant and any party other than DNS BE over the registration and use of the domain name, neither in the alternative dispute resolution proceedings, nor in any other proceedings. Registrant must not name DNS BE as a party or otherwise include it in any such proceedings. If DNS BE is named as a party in any such proceedings, it reserves the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend itself.

  18. Domain name on hold.
  19. As soon as a request for alternative dispute resolution is properly filed with the Dispute Resolution Entity and the appropriate fee is paid, the Dispute Resolution Entity must inform DNS BE of the identity of the Complainant and the domain name involved. DNS BE must immediately put the domain name involved "on hold", under article 32.4 of these terms and conditions. The domain name remains on hold until the end of the proceedings set out in paragraph (g).

  20. Costs of dispute resolution.

The dispute resolution fee is payable by the Complainant. However, if the Third-party Decider concludes that the domain name registration needs to be struck out or transferred, DNS BE shall repay the total of these costs to the Complainant and reclaim the thus repaid costs from registrant. Upon DNS BE's first request, registrant shall reimburse the repaid amounts. Registrant shall not have a right of recourse against DNS BE, the Dispute Resolution Entity, the Third-party Decider or the Complainant for the thus suffered financial loss. The potential financial loss for registrant is the risk that the latter took for the speculative registration of domain names on which third parties have rights.

The repayment provision specified in the previous paragraph does not apply to the appeal procedure of the dispute resolution. The costs of the appeal procedure are payable by the party that instituted this procedure.

The costs mentioned in this article only refer to the administrative costs of the dispute resolution as stipulated in article 10 and do not include any costs or fees for legal advice of the parties.

20.30.10 Severability clause

If one or more clauses of these terms and conditions are found to be invalid, unenforceable or illegal, the other clauses of the terms and conditions will nevertheless remain in full force. DNS BE and registrant also agree to replace the invalid, unenforceable or illegal clause with a valid, enforceable and legal clause preserving the economic aims and maintaining the spirit of the clause so replaced.

20.31 .eu Domain Name Licence Terms

The following clause (20.31) applies specifically to .eu domain names.

Your application for a .eu domain name license implies understanding and agreement to all policies held by us, the Registry Operator and related bodies, particularly but not limited to:

Your application also implies understanding and agreement of Eurid (eurid.eu) and .EU Code of Conduct (http://www.coc.eu) policies and procedures.

does not operate any part of the domain name systems, or grant licensing for domain names. Cheap Aussie Domains is the registrar for .eu domain names. is a reseller of Cheap Aussie Domains in this respect. The actions of Cheap Aussie Domains are independently run beyond our control.

Cheap Aussie Domains's obligations as registrar include:

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

20.32 .it Domain Name License Terms

The following clause (20.32) applies specifically to .it domain names.

Your application for a .it domain name license implies understanding and agreement to all policies held by us, the Registry Operator and related bodies, particularly but not limited to:

Your application also implies explicit understanding and agreement of eligibility criteria specified in the above documentation.

does not operate any part of the domain name systems, or grant licensing for domain names. Carlayan Pty Ltd is the registrar for .it domain names. is a reseller of Carlayan Pty Ltd in this respect. The actions of Carlayan Pty Ltd are independently run beyond our control.

Carlayan Pty Ltd's obligations as registrar include:

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

20.33 .fr Domain Name License Terms

The following clause (20.33) applies specifically to .fr domain names.

Your application for a .fr domain name license implies understanding and agreement to all policies held by us, the Registry Operator and related bodies, particularly but not limited to:

Your application also implies explicit understanding and agreement of eligibility criteria specified in the above documentation.

does not operate any part of the domain name systems, or grant licensing for domain names. Carlayan Pty Ltd is the registrar for .fr domain names. is a reseller of Carlayan Pty Ltd in this respect. The actions of Carlayan Pty Ltd are independently run beyond our control.

Carlayan Pty Ltd's obligations as registrar include:

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

20.34 .ae Specific terms

The following clause (20.34) applies specifically to .ae domain names.

.au domain names are governed by aeDA. The following policies and procedures apply to all .au domain name registrations. Further information can be found on aeDA's website.

The Registrar agrees and covenants to act as an agent for the .aeDA for the sole purpose, but only to the extent necessary, to enable the .aeDA to receive the benefit of rights and covenants conferred to them under this Registrant Agreement.

In this clause, aeDA Published Policies means those specifications and policies established and published by aeDA from time to time at http://www.aeda.ae.

does not operate any part of the domain name systems, or grant licensing for domain names. Cheap Aussie Domains is the registrar for .ae domain names. is a reseller of Cheap Aussie Domains in this respect. The actions of Cheap Aussie Domains are independently run beyond our control.

Cheap Aussie Domains's obligations as registrar include:

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

20.34.1 .ae Domain name license registration

A Domain Name Application must be in the form prescribed under the .aeDA Policies. The Domain Name must comply with the .aeDA Policies.

The Registrar and the Registrant do not have any proprietary right arising from:

  • the Registered Name; or
  • the entry of a Domain Name in the Registry Database.

All personal information pertaining to the Registrant is held by t h e .aeDA for the benefit of the public of the UAE.

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.

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.

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.

20.34.2 .ae Domain name license

Your Domain Name license will be effective for a two year period, once:

  • Your application is accepted and approved by us and by the Registry Operator
  • You have paid the applicable fees
  • Unless it is cancelled earlier under the terms of this document or under any Published Policies

Your Domain Name license may be renewed every two years, as long as you:

  • Pay the applicable renewal fees.
  • Continue to meet the eligibility criteria prescribed in the Published Policies.

You accept that it is your responsibility to ensure that your Domain Name license is renewed.

You may cancel your Domain Name license at any time by notifying us in writing.

We may cancel your Domain Name license if you breach any provision of this document. We reserve the right to hold payment and deny refund.

20.34.3 Your statement to us and aeDA

You confirm and state to us and to auDA separately that:

  • You grants to:
    • the .aeDA, the right to publicly disclose to third parties, all information relating to the Registered Names in accordance with the .aeDA Policies which are available on the .aeDA's website;
    • the Registrar, the right to disclose to the .aeDA Registry, all information which is reasonably required by the .aeDA registry in order to Register the Domain Name in the Registry; and
    • the .aeDA Registry, the right to publicly disclose to third parties, all information relating to the Registered Name to enable the .aeDA Registry to maintain a public WhoIs service, provided that such disclosure is consistent with all relevant .aeDA Policies.
  • All the information set out in your Domain Name application, and all information you give us, are true, complete and correct, and are not misleading or deceptive, and your application is made in good faith.
  • You meet, and continue to meet, for the duration of the Domain Name license, the eligibility criteria prescribed in the Published Policies for registering the Domain Name.
  • You have not previously submitted an application for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:
    • You are relying upon the same eligibility criteria for both domain names.
    • The Domain Name has previously been rejected by the other registrar
  • You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or aeDA may cancel your Domain Name license.
  • You agree to indemnify us and aeDA separately for any loss or damage suffered by us or aeDA as a result of any of us relying upon your above statements.

You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or auDA may cancel your Domain Name license.

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.

20.34.4 Our obligations to you

Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.

Cheap Aussie Domains will give you immediate notice if:

  • Cheap Aussie Domains is no longer an accredited registrar.
  • Cheap Aussie Domains's aeDA Accreditation is suspended or terminated.
  • Cheap Aussie Domains's Registry-Registrar Agreement with is terminated by aeDA

aeDA may post notice of:

  • The fact that Cheap Aussie Domains is no longer an accredited registrar.
  • The suspension or termination of Cheap Aussie Domains's aeDA Accreditation.
  • The termination of Cheap Aussie Domains's Registry-Registrar Agreement with aeDA,

On its web site, and may, if it considers appropriate, give such written notice specifically to you.

20.34.5 Your obligations to us

You must comply with the Published Policies, as if they were incorporated into, and form part of, this document. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of any such inconsistencies between this Agreement and the Published Policy.

You acknowledge that under the Published Policy:

  • There are mandatory terms and conditions that apply to all domain names licenses, and such terms and conditions are incorporated into, and form part of, this document
  • You are bound by, and must submit to, the .ae Dispute Resolution Policy (aeDRP)
  • aeDA may delete or cancel the registration of a .ae domain name

Throughout the period of your Domain Name license, you must:

  • comply with the aeDA Policies; and;
  • give notice to the aeDA Registry (through us), of any change to any information in the Registrant Data.

You must not, directly, indirectly, through Registation or use of its Domain Name or otherwise:

  • Register a Domain Name for the purpose of diverting trade from another business or web site;
  • Deliberately Register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill; and
  • Register a Domain Name and then passively hold a Domain Name License for the purpose of preventing another Registrant from Registering it.

You must not in any way:

  • Transfer or purport to transfer a proprietary right in any Domain Name Registration;
  • Grant or purport to grant a Registered Domain Name as security; or
  • Encumber or purport to encumber a Domain Name Registration.

You will, immediately upon being requested to do so, enter into Domain Name License with .aeDA.

20.34.6 Use of your information

You grant to:

  • aeDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the aeDA's Published Policies available on .aeDA's website;
  • us, the right to disclose to .aeDA, all information which are reasonably required by the .aeDA Registry in order to register the Domain Name in the registry
  • the .aeDA Registry, 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 Published Policies.

20.34.7 Dispute resolution

aeDA has in place a dispute resolution called the aeDRP (.ae Dispute Resolution Policy) between the Registrant and a third party, in relation to entitlements to the Registered Domain Name the subject of this Agreement. The parties agree that the aeDRP binds the Registrar and the Registrant as if it we incorporated in the Registrant Agreement.

20.34.8 .ae Domain name license registrar transfer

We will ensure that you can easily transfer sponsorship of your Domain Name registration to another registrar in accordance with the Published Policies. The Published Policies will address such matters as:

  • The maximum fees which we can charge you for such transfer.
  • When we are not allowed to charge you fees.
  • The circumstances pursuant to which we must transfer sponsorship of the registered Domain Name.
  • The circumstances pursuant to which we are entitled not to transfer the sponsorship of registered the Domain Name

In the event that:

  • Cheap Aussie Domains is no longer an accredited registrar.
  • Cheap Aussie Domains's aeDA Accreditation is suspended or terminated
  • Cheap Aussie Domains's Registry-Registrar Agreement is terminated by aeDA, you are responsible for transferring the Registered Doman Name to a new Registrar in accordance with the .aeDA Policies within 30 Calendar Dats of written notice being provided to you by .aeDA.

In the event that our Cheap Aussie Domains's Registry-Registrar Agreement with aeDA is terminated, we will not charge you any fee for the transfer of the registered Domain Name to another registrar.

20.34.9 Registrant Warranties

The Registrant Warrants that it meets, and continues to meet, the Eligibility criteria prescribed in the .aeDA Policies relating to the Registering of a Domain Name. In the event that the Registrant ceases to meet such Eligibility criteria, the Domain Name Licence may be terminated by either the Registrar or the .aeDA.

The Registrant makes the warranties set out in Registrant Warranties Policy (and any other Policy introduced in substitution, replacement or amendment to that Policy by the Registrar). The warranties include, without limitation, that all information supplied to the Registrar for the Registration of the Domain Name the subject of this Agreement is true, complete and correct. The Registrant accepts that the .aeDA or the Registrar shall cancel the Registration of the Domain Name the subject of this Agreement if any of the warranties are not true.

The Registrant Warrants that it has not previously submitted a Domain Name which is the same as the Domain Name the subject of this Agreement for Registration with another Registrar where:

  • The Registrant is relying upon the same Eligibility criteria for both Domain Names; and
  • 8.3.2 the Domain Name has previously been rejected by the other Registrar.

20.34.10 Limitation of liabilities

You cannot pursue any claim against aeDA or against us, and to the fullest extent permitted by law, neither aeDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of aeDA or us, or any of aeDA's or our employees, agents or contractors, including but not limited to any breach by us of our obligations under this document, or under Cheap Aussie Domains's registrar agreement with aeDA.

You agree to indemnity, keep indemnified and hold aeDA, Cheap Aussie Domains and us, and aeDA's, Cheap Aussie Domains's and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.

You accept and agree that if we have any outstanding fees owing to aeDA, which gives aeDA a right to terminate our registrar agreement with aeDA, then aeDA may in its sole discretion terminate the registrar agreement.

You accept and agree that neither aeDA nor we are responsible for the use of any Domain Name in the domain names registry, and that aeDA is not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a domain name license 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.

Despite any other provision of this document, and to the fullest extent permitted by law, neither aeDA 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 aeDA or us, and our respective employees, agents, or sub-contractors.

20.34.11 Our agency

We enter into this document as agent for aeDA for the sole purpose, but only to the extent necessary, to enable aeDA to receive the benefit of the rights and covenants conferred to it under this document. aeDA is an intended third party beneficiary of this document.

20.34.12 General

In this document:

  • A reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties
  • A reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form
  • Headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document
  • Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning

All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect.

If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.

20.35 .pl Domain Name License Terms

The following clause (20.35) applies specifically to .pl domain names.

Your application for a .pl domain name license implies understanding and agreement to all policies held by us, the Registry Operator and related bodies, particularly but not limited to:

Your application also implies explicit understanding and agreement of eligibility criteria specified in the above documentation.

does not operate any part of the domain name systems, or grant licensing for domain names. Cheap Aussie Domains is the registrar for .pl domain names. is a reseller of Cheap Aussie Domains in this respect. The actions of Cheap Aussie Domains are independently run beyond our control.

Cheap Aussie Domains’s obligations as registrar include:

  • The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
  • Carrying out limited functions on behalf of the registry operators
  • Serving as a registrar of record
  • Provision of online facilities for the management of domain names
  • Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

20.36 Search engine optimisation

You acknowledge that we do not have direct control over search engine placement. We use our best endeavours to maintain a high position for your web site, no ongoing guarantee of placement position is made or implied.

We guarantee a Google listing within 8 weeks of application to our SearchBooster product. This guarantee is dependent on:

  • The provision of valid, correct and up to date information
  • The satisfactory completion of the forms, steps and recommendations

We reserve the rights to deny refund should we deem unsatisfactory completion of the above.

20.37 Liability and indemnity

You expressly and irrevocably agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us, by a third party resulting from the provision or use of Services, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN.

You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of Services or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Services which are the subject of any such claim. You agree to defend, indemnify and keep indemnified and hold us harmless from any:

  • loss of business, contracts, profits or anticipated savings;
  • other indirect or consequential or economic loss whatsoever;
  • loss of data or inability to retrieve data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries, and any service interruption not caused by us;
  • injury to person or property allegedly caused by any products sold or otherwise distributed in connection with us;
  • negligence, misconduct, or breach of this agreement by you;
  • incomplete, inadequate or otherwise problematic use of any Services by you;
  • omission or failure by you to obtain appropriate advice, including legal advice, in respect of any Services or this Agreement prior to making a purchase;
  • incomplete, inadequate or lack of knowledge and experience necessary for use of any Services;
  • allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets due to the information you have provided us, and
  • damages including but not limited to indirect, special, incidental, consequential or exemplary damages allegedly arising out of, resulting from, incidental to, or in connection with this Agreement or Services.

You understand that should we be notified of pending legal action, we may seek written confirmation from you concerning your obligation to indemnify us under this Agreement in accordance with these terms, and you expressly and irrevocably agree that failure to provide such confirmation may be considered a further breach of this Agreement.

Where to do so is unlawful under any Act falling under the governing law of this Agreement, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit of a non-excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling under the governing law of this Agreement, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to either the supplying of the service/product again or payment of the cost of having the service/product supplied again.

You expressly and irrevocably agree that this clause survives the expiry and/or termination of Services or this Agreement.

Should any part of these terms be made invalid by relevant legislation, that wording shall be deemed to be omitted and the remainder of the terms shall remain in force.

21 Fax to Email

This entire clause 21 relates to the Fax to Email Product.

21.1 Representations by us

21.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

  1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 21.1.2;
  2. You can only expect Services in accordance with the terms of this Agreement, and
  3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 21.1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

21.1.2 Terms/Representations

  1. We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
  2. The Fax to Email Service allows the sending and receiving of faxes through email, using a fax number provided to you by us. This Service uses the Internet rather than active telephone communication lines. The Service effectively combines email and fax transmission.

    It is your responsibility to ensure the fax number provided to you is available, accessible and working. You are expected to test this number within 48 hours of it being issued. If after testing, the number is unavailable or not working, it is your responsibility to contact and advise Cheap Aussie Domains by email immediately. Cheap Aussie Domains will not be liable for any expenses you incur as a result of failure to ensure the availability and accessibility of the fax number within 48 hours of purchase.
  3. Upon the expiration or other termination of your Fax To Email account, we may reissue or reassign the fax number previously used by you. Accordingly, you irrevocably agree to indemnify us from any claims as a result of such reassignment.
  4. Fax To Email does not provide archives for stored data. You irrevocably agree that it is your responsibility to back-up any of your data on the Service and that you will indemnify us for any loss of data, damage or destruction of information, contact lists, or any other content contained on the Service.
  5. You are responsible for any content that is transmitted using the Service.
  6. We are not responsible or liable for any damage suffered by any person, directly or indirectly, through your use of the Service

21.2 Refunds

21.2.1 Agreement

You expressly and irrevocably agree that:

  1. It is your responsibility to ensure that Services are utilized to their full potential;
  2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
  3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
  4. We are not obliged to provide refunds for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms, to offer a refund only if a cancellation request is filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made;
  5. We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
  6. You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
  7. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
  8. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
  9. Your request for refund will be denied where:
    1. Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
    2. We believe you have breached your agreement with clause 21.1.1(a), (b) and (c) in any way;
    3. We believe that you have not chosen to undertake the 30 day free trial (see 30 Day Free Trial) and you are claiming a refund pursuant to incompatibility with your operating systems;
    4. We believe that you have chosen to undertake the 30 day free trial (see 30 Day Free Trial) and, after 30 days has expired, you are claiming a refund pursuant to incompatibility with your operating systems;
    5. We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
    6. We believe the request is fraudulent.
  10. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
  11. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 21.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

21.2.2 Process of claiming refund

In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund is subject to clause 21.2.1 of this Agreement.

21.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

  • You have any outstanding invoice or account.
  • Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
  • You fail to comply with any provision in this agreement or those referenced in this agreement
  • There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights.
  • We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
  • We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to clause 21.2.

If your account is cancelled under this agreement:

  • You must pay all outstanding charges to us immediately.
  • We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
  • We may immediately delete all data held prior to cancellation.
  • We may perform any action without notice.
  • Any amounts paid by you in advance are forfeited upon the termination of your account.

We reserve the right to suspend or terminate your access to Fax To Email, or take any further measures deemed necessary, at our sole discretion, at any time and without prior warning, as a means to ensure the integrity of the Service, us and the terms of this Agreement. Such suspension or termination or discretionary decision is done so without any liability to you given the following circumstances, including but not limited to;

  • If you breach these Terms;
  • You or any person using your account, whether with consent or not, misuses the Service;
  • Incorrect information given by you to us;
  • There are reasonable grounds for us to suspect any of the above.

21.4 30 Day Free Trial

In addition to acceptance of these terms is acceptance that the Services provided are compatible with your operating systems and needs.

We offer a 30 day risk free trial during which you may assess the Service's appropriateness and compatibility with your operating systems or specific needs. We will provide you with the service upon your request, but should you fail to take a 30 day risk free trial, you irrevocably indicate to us that the Services are fully compatible with your operating systems and needs. You shall be taken to have understood and accepted all these terms and conditions relating to 30 day risk free trial. In particular, you have 30 days from the date of supply of the service in which to utilise and assess the service, and you will not be obliged to make any payments to us nor will you be obliged to enter into any further agreements with us during this period. If you choose to utilise this 30 day trial period, you understand the risks associated with the service provided and you accept the program's appropriateness and compatibility with your operating systems. During this 30 day trial period, you must comply with the terms and conditions specified under the clause relating to "Acceptable use & general conduct" (clause 2).

If you choose to continue to use the product after the conclusion of the service within the 30 day trial period is over, then you agree to all the terms and conditions and you are taken to have entered into this binding agreement. . You may also choose to enter into the binding agreement for a fee before the 30 day trial period has ended, on the condition that you forfeit the benefit of any remaining free trial days. If you are not satisfied with the appropriateness of the service within the 30 day period, then it is your responsibility to terminate the Service prior to the conclusion of the 30 day period. Such termination would be at no extra cost and you will no longer be bound by any agreements made with us relating to the Service which was the subject of the trial period. You must communicate by email or by telephone, before close of business, your desire to end the use of the service with us by the 30th day of the trial period or, if the 30th day falls on a weekend or public holiday, the next day of business. You understand that it is your responsibility to ensure that this communication is received by us within the time period specified. Failure to do so may result in an assumption that you agree to continue with the use of the service and usual fees and charges may begin to apply.

Once the 30 day trial period has concluded, should you make a request for refund and notwithstanding the stated basis for your request, we believe it is based on incompatibility with your operating systems, incompatibility with your specific needs, or that you no longer want to use the Service, your request for refund will be denied.

22 Affiliate program

This entire clause 22 relates to the Affiliate Program.

22.1 Representations by us

22.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

  1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 22.1.2;
  2. You can only expect Services in accordance with the terms of this Agreement, and
  3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 22.1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

22.1.2 Terms/Representations

  1. The Affiliate Program provides a platform where we can reward you for successfully promoting and advertising our products and services ("Services") via your published location (which may include, but is not limited to, your websites, newsletters, blogs and social networking pages).
  2. We reward members of the affiliate program by applying a portion of revenue generated by us (as a result of the promotion/advertisement) to the affiliate holder's account, in accordance with these terms.

22.2 Acceptance of Terms

By clicking the Affiliate Manager within the Domain Management Console, you are taken to have irrevocably agreed to the specific Affiliate Program terms located within this document.

22.3 Commission

22.3.1 Rates and calculation

You irrevocably agree that:

  • Commission rates vary accordingly to the product type, price and special offer status, and are subject to change without notice (but such changes will not be retroactive). To obtain the latest rates you should contact our support consultants.
  • We apply all commercially reasonable efforts to record and display accurate statistics and values regarding your Affiliate Program membership and use.
  • Our determination of statistics and values shall be the final and binding determination.
  • The following is excluded from the Affiliate program:
    1. Products purchased with your account;
    2. Products purchased by accounts deemed by us to belong to you, and
    3. Products purchased for your own use.
  • Subject to these terms, any breach of this clause may result in instant termination of your Affiliate Holder account and of your ability to participate in this program.

22.3.2 Payment

You irrevocably agree that:

  • Commission rates vary according to the product type, price and special offer status, and are subject to change without notice (but such changes will not be retroactive). The latest rates may be obtained by contacting our support consultants.
  • Commissions are held for a period of forty five (45) days. During this period, commission payments may be removed in circumstances where the order and payment are no longer deemed valid (including but not limited to situations where there is payment chargeback or where an order is cancelled or terminated).
  • A minimum of 100.00 USD (one hundred US dollars) must be present in your balance and cleared before a request for withdrawal may be accepted.
  • Commission withdrawals are processed on a monthly basis (once per month) and no exceptions may be made to process withdrawals beyond this basis.
  • Determination of commission removal is at our sole discretion and interpretation. Our determination shall be the final and binding determination.
  • Should you elect to be paid commission in a form other than account credit, some payments may incur a payment processing fee. Although we will always endeavour to reduce or eliminate payment processing fees when processing a payment withdrawal, you acknowledge that any fees borne by yourself as a result of payment processing are outside of our control, that we are not liable for those fees, and that you are responsible for bearing said fees.
  • Should your Affiliate account balance exceed $1000.00 US (one thousand US dollars), we reserve (and may exercise) the right to force you to withdraw commission payment via your desired payment method. Should you fail to provide necessary details, we reserve (and may exercise) the right to suspend your Affiliate membership for any length of time.
  • Should you elect to be paid commission in the form of account credit, commission payment must be utilised for purchasing or renewing products/services offered by us. Account credit cannot be reverted to the Affiliate Program, withdrawn in any other form, or used in any way except as credit towards products and services we offer. If your account credit exceeds $1000.00 USD (one thousand US dollars) we reserve the right to remove account credit as a withdrawal method from the Affiliate Program.

22.4 Acceptable use

22.4.1 Policy compliance

You irrevocably agree that:

  • Affiliate Program membership is subject to our acceptable use policy, specified within this Agreement, and
  • The published location must not contain any material which
  1. is sexually explicit or violent;
  2. may appear to be promoting or depicting discrimination based or race, gender, religion, national origin, physical or mental disability, sexual orientation, age or any matter which can be deemed discriminatory;
  3. is of an unlawful nature or which may be deemed to violate another's intellectual property and/or rights;
  4. that contains information regarding, promoting or links to a site that contains information of an unlawful activity, defamatory, sexually explicit, discriminatory nature;
  5. specifically relates to entities other than us within the domain name, hosting and online marketing market, or
  6. amounts to improper advertising.

22.4.2 Breaches

You irrevocably agree that:

  • It is at our sole discretion to determine whether or not there has been a breach of our acceptable use policy or this acceptable use clause;
  • If we deem there is a breach, any pending commission funds may be removed (and will not be available for payment withdrawal), and
  • If we deem there is a breach, we will immediately suspend your Affiliate Program membership or issue written notice of breach. Failure to remedy a breach, either following notice or suspension may result in termination of your Affiliate Program membership.

22.5 Loss of service

You irrevocably agree that although we will make efforts to attempt to make the Affiliate Program available to you to use, from time to time the Affiliate Program may be inaccessible or inoperable on a continuous or uninterrupted basis for any reason, including, without limitation:

  • Equipment malfunctions;
  • Periodic maintenance, repairs or replacements that we may undertake from time to time, and
  • Causes beyond our reasonable control or that are not reasonably foreseeable by us, including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

22.6 Indemnity and warranties

You irrevocably agree that as this Affiliate Program is provided at no charge to you, we neither offer any warranty nor accept any liability with regards to the Affiliate Program, including with respect to lost commission, payment withdrawal or loss of service.

In addition to the terms located within the entirety of this Agreement, you also irrevocably agree to indemnify us and hold us harmless against any and all claims, damages (including but not limited to incidental, special and consequential damages), losses, penalties, costs, expenses, fees, savings, goodwill, legal fees, and any other form of claim or damage arising from:

  • Your use of the Affiliate Program or any of our Services;
  • Your violation or alleged violation of an applicable law or this Agreement, and
  • Any assertion that we are obliged to pay taxes in connection with a commission payment made by us to you pursuant to this Agreement.

22.7 Representation

You irrevocably agree that:

  • In no circumstances is it acceptable to imply, act, or behave in a manner indicating that you represent us;
  • You shall in all circumstances deny representation and direct any necessary queries through our appropriate support channels, and
  • Breach of this term may result in instant termination of your Affiliate Program membership.

22.8 Termination

Affiliate membership termination can be requested by contacting the appropriate support consultants. Upon your affiliate membership being terminated, you may request a final payout in accordance with the terms of this document (particularly clause 22.3.2).

At our sole discretion, be it due to a breach of our terms or otherwise, we reserve the right to terminate the Affiliate Program in its entirety and/or your Affiliate Program membership. Although we will endeavour and make efforts to ensure the withdrawal of earned commission, this may not occur in certain circumstances, as determined by us at our sole discretion.


Last updated October 9 2013

Information on this page is Copyright 2000-2013 by .