Terms and Conditions

Contents

1. Definitions
2. Registrar's Agency
3. Registration of Domain Names
4. Consent to Use Registrant Information
5. Change of Registrars
6. Registrar's Other Obligations
7. Registrant's Other Obligations
8. Dispute Resolution
9. Complaints Handling Procedure
10. Registrant Warranties
11. Liabilities

1. Definitions

In this document unless expressed or implied to the contrary:

2LD means a .au (dot au) second level domain, that is, a name at the second level of the .au domain name hierarchy (for example, com.au).

Agreement means the agreement between the Registrar and the Registrant recorded in this document.

auDA means .au Domain Administration Limited ACN 079 009 340, the regulatory body responsible for administering the .au ccTLD and its associated sub-domains.

Business Day means Monday to Friday excluding public holidays in Perth, Australia.

Centralised WHOIS Service means the WHOIS Service of all 2LDs which are made available to the public by auDA.

Code of Practice means an industry code of practice, the development of which will be facilitated by auDA, which together with the Published Policies, regulates or will regulate the practices of participants in the domain names industry towards other participants in the industry, or towards consumers in the industry.

Confidential Information means all information and materials about the other party or a third party, in any form, which comes into a party’s possession pursuant to, or as a result of or in performance of this document, excluding the information:

	(a)	which at the time of its first disclosure under this document was in the public domain; or
	(b)	which, after disclosure under this document, comes into the public domain otherwise than by disclosure in breach of this document; or
	(c)	which is received by either party from a third party who has the right to provide the information and which is not itself subject to confidentiality; or
	(d)	which was already in the party’s possession or knowledge without restriction prior to its disclosure; or
	(e)	which the party is required by law to disclose.

Domain Name means a domain name in the designated 2LD.

Domain Name Application means an application by a Registrant for a Domain Name Licence, or the renewal of an existing Domain Name Licence.

Domain Name Licence means the licence to use a Domain Name for a specified period of time, as evidenced by a certificate of registration issued by the Registrar to the Registrant.

Fees means the fees collected from the registrant on behalf of Connect West by our resellers

Intellectual Property Rights means all and any patents, patent applications, trade marks, service marks, trade names, domain names, registered designs, unregistered design rights, copyrights, know how, trade secrets and rights in confidential information, URLs and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.

National Privacy Principles has the same meaning as in the Privacy Act 1988 (Cth).

Published Policies means those specifications and policies established and published by auDA from time to time, as the self-regulatory body responsible for the administration of the .au ccTLD, in accordance with its constitution.

Registrant means a holder of, or an applicant for, a Domain Name Licence, and includes its agent.

Registrant Agreement means the agreement to be entered into, or renewed, between the Registrar and a Registrant in relation to an approved Domain Name.

Registrant Data means the data submitted by the Registrar to the Registry.

Registrar means Connect West Pty. Ltd.

Registrar Services means the provision of the services set out in this document in respect of the Designated 2LD, consisting of the following services:

	(a)	to apply to the Registry to register a Domain Name on behalf of a Registrant;
	(b)	to provide all associated services to such Registrants, including services relating to the maintenance, transfer, modification, renewal and cancellation of a Domain Name or Domain Name Licence; and
	(c)	to provide services otherwise required by the Published Policies.

Registry means a database consisting of primary and secondary nameservers and WHOIS servers, containing the Registry Data and a mechanism for accessing that data, in relation to the designated 2LD.

Registry Data means all data maintained in electronic form in the Registry, including without limitation:

	(a)	Zone File data;
	(b)	Registrant contact information;
	(c)	technical and administrative contact information;
	(d)	all other data submitted by registrars in electronic form; and
	(e)	other data concerning particular registrations or nameservers maintained in electronic form in the Registry database.

Registry Operator means the operator of the Registry.

Reseller means a person appointed by the Registrar to sell domain name services and provide customer services to Registrants on behalf of the Registrar.

Reseller Licence means any contract, arrangement or understanding between the Registrar and a Reseller in relation to the Reseller acting as agent for the Registrar.

Term means the period during which this agreement has effect as mandated by the Registrar’s agreement with auDA and subject to the conditions contained therein.

WHOIS Service means the protocol used to provide a public information service in relation to data in a registry.

Zone File means a file that contains the mapping between each domain name in the Designated 2LD and the Internet addresses of computers that can resolve sub-domains of the domain name to physical Internet addresses.

2. Registrar's Agency

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

3. Registration of Domain Names

	3.1	A Domain Name Application must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.
	3.2	The Registrar and the Registrant do not have any proprietary right arising from:
		3.2.1	the registered Domain Name; or
		3.2.2	the entry of a Domain Name in the Registry Database
	3.3	All personal information pertaining to the Registrant is held by auDA for the benefit of the Australian public.

4. Consent to Use Registrant Information

The Registrant grants to:

	4.1	auDA, the right to publicly disclose to third parties, all information relating to the registered Domain Names in accordance with the Published Policies which are available on auDA's website http://www.auda.org.au ;
	4.2	the Registrar, 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 Registry; and
	4.3	the Registry Operator, the right to publicly disclose to third parties, all information relating to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service,
	4.4	the National Privacy Principles; and
	4.5	auDA's Published Policies

5. Change of Registrars

	5.1	The Registrar must ensure that the Registrant can easily transfer registered Domain Names to another registrar in accordance with the Published Policies. The Published Policies include, but are not limited to, such matters as:
		5.1.1	the maximum fees chargeable by the Registrar;
		5.1.2	when fees are not chargeable by the Registrar;
		5.1.3	the conditions pursuant to which the Registrar must transfer; and
		5.1.4	the conditions pursuant to which the Registrar does not have to transfer.
	5.2	In the event that:
		5.2.1	the Registrar is no longer a registrar; or
		5.2.2	the Registrar's auDA Accreditation is suspended or terminated; or
		5.2.3	the Registrar Agreement is terminated by auDA,
		the Registrant is responsible for transferring the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of written notice being provided to the Registrant by auDA.
	5.3	In the event that the Registrar Agreement between auDA and the Registrar is terminated, the Registrar must not charge the Registrant any fee for the transfer of the registered Domain Name to another registrar.

6. Registrar's Other Obligations

	6.1	The Registrar will immediately give written notice to the Registrant if:
		6.1.1	the Registrar is no longer a registrar; or
		6.1.2	the Registrar's auDA Accreditation is suspended or terminated; or
		6.1.3	the Registrar Agreement is terminated by auDA.
	6.2	auDA may post notice of:
		6.2.1	the fact that the Registrar is no longer a registrar;
		6.2.2	the suspension or termination of a Registrar's auDA Accreditation; or
		6.2.3	the termination of the Registrar Agreement between auDA and the Registrar
		on its web site and may, if it considers appropriate, give such notice to the Registrant.
	6.3	Service Levels. Our normal hours of operation are 9:00am to 5:30pm Monday to Friday (AEST) excluding public holidays. The registrar will respond to all email and faxed requests within 2 business days. As a general guideline, we do not provide telephone support.

7. Registrant's Other Obligations

	7.1	Throughout the Term of the Registrant Agreement, the Registrant must:
		7.1.1	comply with the Published Policies;
		7.1.2	give notice to the Registry Operator, through the Registrar, of any change to any information in the Registrant Data.
	7.2	The Registrant must not, directly or indirectly, through registration or use of its Domain Name or otherwise:
		7.2.1	register a Domain Name for the purpose of selling it;
		7.2.2	register a Domain Name for the purpose of diverting trade from another business or web site;
		7.2.3	deliberately register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill; and
		7.2.4	register a Domain Name and then passively hold a Domain Name Licence for the purpose of preventing another registrant from registering it.
	7.3	The Registrant must not in any way:
		7.3.1	transfer or purport to transfer a proprietary right in any domain name registration;
		7.3.2	grant or purport to grant a registered domain name as security; or
		7.3.3	encumber or purport to encumber a domain name registration.

8. Dispute Resolution

	8.1	auDA currently has in place a dispute resolution policy called auDRP (the .au Dispute Resolution Policy) which applies in the event of disputes between a registrar and a registrant, or between a registrant and a third party, in relation to entitlements to domain names in .au. The auDRP binds the Registrar and the Registrant as if it were incorporated in the Registrant Agreement.
	8.2	The Registrant acknowledges that auDA may develop and implement other dispute resolution policies which are accessible by the Registrant as an alternative and further to any complaints handling procedure prescribed by the Registrar. Such policies bind the Registrar and the Registrant as if they were incorporated in the Registrant Agreement.

9. Complaints Handling Procedure

	9.1	If the Registrant wishes to make a complaint about the Registrar, their services or any associated matter, the Registrant may contact the Registrar by email, letter, facsimile, or by using the online support query form at our "Contact Us" page. Wherever possible, complaints will be dealt with promptly, and the Registrant will receive a response within 5 business days.
	9.2	If the Registrant is dissatisfied with the outcome of their complaint, the Registrant may choose to escalate the complaint internally by requesting that a Manager deal with the issue. A response to an escalated complaint will be made within 5 business days.
	9.3	Consumer information regarding lodging of a formal complaint with the Registrar can be found at auDA.

10. Registrant Warranties

	10.1	The Registrant warrants that it meets, and continues to meet, the eligibility criteria prescribed in auDA's Published Policies for registering 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 auDA.
	10.2	The Registrant warrants that it has not previously submitted a domain name which is the same as the Domain Name for registration with another registrar where:
		10.2.1	the Registrant is relying upon the same eligibility criteria for both domain names; and
		10.2.2	the Domain Name has previously been rejected by the other registrar.

10.3

11. Liabilities

	11.1	The Registrant must not pursue any claim against auDA, and auDA is not liable for any direct, indirect, special, punitive, exemplary or consequential damages, including but not limited to damages resulting from loss of use, lost profits, lost business revenue or third party damages arising from any breach by the Registrar of its obligations under the Registrant Agreement or the Registrar Agreement between auDA and the Registrar.
	11.2	The Registrant acknowledges and agrees that if the Registrar has any outstanding fees owing to auDA, entitling auDA to terminate the Registrar Agreement between auDA and the Registrar, auDA may in its sole discretion terminate the Registrar Agreement.
	11.3	The Registrant agrees that auDA is not responsible for the use of any Domain Name in the Registry database and that auDA is not responsible in any way for any conflict or dispute with or any actual or threatened claim against a Registrar or Registrant, including one relating to a 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.
	11.4	Notwithstanding any other provision of this document and to the fullest extent permitted by law, auDA will not be liable to the Registrant 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 costs) suffered by the Registrant as a result of any act or omission whatsoever of auDA, its employees, agents or sub-contractors.
	11.5	Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.