| 1. | The Registrar's Obligations
We agree that we will:
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| 1.1 |
comply with all .nz policies and accurately represent these to
you;
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| 1.2 |
disclose accurately and completely all our terms and conditions
associated with your use of our services to register and maintain a
domain name sought to be used by you, including price and billing
information;
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| 1.3 |
comply with your lawful directions in a diligent and timely manner
regarding your .nz domain name, (for example, registration,
cancellation, amendment, deletion, and associated technical support
and billing);
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| 1.4 |
process any new .nz domain name registrations with the registry
within 10 business hours from the time we receive all the information
required to complete a registration, where business hours are defined
as from 9 am - 5 pm Monday to Friday except public holidays.
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| 1.5 |
notify you of the registration of your domain name(s), including
the details of: the domain name, your contact details, our contact
details, the registration period, the unique authentication ID for
your domain name and your obligations as a registrant;
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| 1.6 |
arrange for correction of any error in the information in the
register about any domain name registered to you when requested;
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| 1.7 |
provide to you, or to someone we reasonably believe to be acting
on your behalf, the unique authentication ID for your domain name
when requested and for no charge;
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| 1.8 |
use your personal information only as authorised by you;
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| 1.9 |
take all reasonable steps to safeguard and protect all information
about you stored in our databases and system(s);
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| 1.10 |
comply with any order of any authority having jurisdiction
regarding any domain name registered to you;
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| 1.11 |
use our best endeavours to deal with any complaints you may have
about the services we provide for you.
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| 2. |
The Registrant's Obligations
You
agree that you will:
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| 2.1 |
comply with the .nz policies. You agree that you have read and
understood the current policies;
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| 2.2 |
make sure all information you give us is accurate and complete,
keep us informed of changes to any information you give us, and that
you have the authority to enter into this agreement;
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| 2.3 |
keep the unique authentication ID for your domain name and any
other security information that we give to you confidential, safe and
secure;
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| 2.4 |
satisfy yourself that your use of a domain name will not infringe
anybody's intellectual property rights and protect us, and everybody
we are in any business relationship with to provide services to you,
from any such claim;
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| 2.5 |
ensure that you only use our services for a lawful purpose;
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| 2.6 |
ensure that the use of any domain name registered to you does not
interfere with other users of the Internet;
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| 2.7 |
ensure that any order of any authority having jurisdiction
regarding any domain name registered to you is complied with;
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| 2.8 |
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.
Duties of Other Persons
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| 2.9 |
You agree to make sure everyone you are responsible for or who
uses a domain name registered to you also meets the above duties.
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| 3. |
Registration of a Domain Name
When
a domain name in the .nz domain name space is registered to you, or
in your name as directed by you, then you agree:
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| 3.1 |
that the following information becomes available to any member of
the public:
- your name.
- your contact details.
- the domain name.
- its commencement and expiry dates.
- addresses/details of the name servers for it.
- our name.
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| 3.2 |
the domain name is registered in your name only because no other
person has it according to the records of the register; and
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| 3.3 |
neither we nor anybody else is representing anything else to
anybody regarding that domain name. The entry of a domain name in the
"who is" database shall not be taken as evidence of
anything other than such registration; and
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| 3.4 |
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.
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| 4. |
Register is the Record
For
all purposes the details shown in the register shall be treated as
correct and the authoritative record.
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| 5. |
Payment of Fees
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| 5.1 |
You agree to pay for the services we provide for you.
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| 5.2 |
If you transfer a domain name registered to you to another
registrant or to be managed by another registrar, all charges owing
to us shall become immediately due and payable on the date of that
transfer.
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| 5.3 |
We may alter our fees from time to time. When we alter them we
will send you notice of the alteration 30 days before the new fee
takes effect.
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| 5.4 |
Our usual fees are for packages of services. A package may be solely for
domain name registration, renewal and maintaining the registration, or may
bundle this with other services such as (but not limited to) web site hosting
or forwarding, email hosting or forwarding and domain name maintenance.
These terms and conditions apply to all domain names registered with us, whether
individually or as part of a larger service package.
References to payment or nonpayment of charges for domain name registration
services also apply to payment or nonpayment of charges for a service package
of which domain name registration service is a part.
We will tell you before any additional charge is incurred by any service
package.
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| 5.5 |
Our prices are stated in New Zealand dollars and include GST
unless stated.
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| 6. |
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.
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| 7. |
Cancellation of a Domain Name
If
we are going to cancel the registration of a domain name registered
to you as a result of you not paying our charges relating to that
registration, we will give you fourteen days notice before we
initiate action to cancel that domain name.
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| 8. |
Exclusion of Liability
We
exclude all liability we may have to you for any claim except where
we have acted in bad faith. This exclusion also applies for the
benefit of :
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| 8.1 |
InternetNZ, the registry and any other entity we are in any
business relationship with;
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| 8.2 |
every officer, employee, contractor, agent of us or any entity in
clause 8.1;
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| 8.3 |
anyone else we get to perform our duties under any agreement you
have with us.
None
of the persons specified above is liable or has to pay you for
anything else in connection with or resulting from anything any of us
does or does not do, or delays in doing, whether or not it is
contemplated or authorised by any agreement you have with us. This
exclusion applies whatever you are claiming for and in whatever way
liability might arise. This exclusion does not prevent you getting a
court order requiring us to do anything we have agreed to do for you
and does not limit any rights you may have under the Consumer
Guarantees Act 1993.
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| 9. |
Limitation of our Liability
We
have excluded all other liability we or any of the persons specified
in clause 8 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 8 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.
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| 10. |
Law and Jurisdiction Applying to this Agreement
Unless
we otherwise agree in writing, this agreement contains all the terms
of our relationship and continues to apply no matter where you are
located at the time any of the services are provided or where you
reside. This will be the case until this agreement is cancelled
except to the extent clause 15 says otherwise.
To
the extent legally permitted:
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| 10.1 |
all our services are provided under New Zealand law;
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| 10.2 |
any claim or dispute arising out of or in connection with this
agreement must be instituted within 60 days from the date the
relevant service was supplied to you;
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| 10.3 |
except as otherwise stated, you may take action against us only in
a New Zealand court;
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| 10.4 |
where you or any registrant for whom you act supplies incorrect
information regarding a domain name and we incur cost in any matter
concerning that name then we may recover the costs incurred by us
from you.
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| 11. |
Cancelling the Agreement
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| 11.1 |
We may cancel or suspend this agreement by giving you one months
notice if you do not meet your duties to us.
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| 11.2 |
We may end the agreement for any other reason by giving you one
month's notice.
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| 12. |
Changing the Agreement
We
may change these terms and conditions at any time. We will notify
you of all changes at least 30 days before they take effect. Your
continuing use of our .nz domain name registration services after the
changes take effect will signify your acceptance of the changed
terms and conditions.
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| 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.
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| 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.
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| 15. |
Rights and Responsibilities that Continue
The
cancelling of any agreement you have with us does not affect any
rights and responsibilities, which are intended to continue or come
into force afterwards. These include the rights and duties under 2, 4
– 10, 13, 14, and this clause 15.
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