Terms & Conditions

Updated November 2016

General Terms & Conditions

  1. The terms of your Contract

1.1 These General Terms & Conditions apply to the provision of services by NPA Media Group Australia Pty Ltd (ABN 18 685 025 546) (NPA Media Group Australia, we, us, our) to you as a user and customer of our services (you, your).

1.2 Your Contract with us for each Service is made up of:

  1. These General Terms & Conditions;
  2. Any relevant Service Terms;
  3. Our Acceptable Use Policy; and
  4. Our Privacy Policy.

1.3 The documents listed above supersede all prior arrangements (whether written or oral) in relation to their subject matter.

1.4 We may change the terms of your Contract by giving you notice of the change and posting new versions of any online terms on this page. If you continue to use the Service after that notice period, you will be taken to have agreed to the change. The period of notice depends on the nature of the change. If:

  1. the change will benefit you or have a neutral impact on you, we may make the change effective immediately and without advance notice;
  2. the change is required to comply with any law or requirement of any regulatory body (including ICANN, auDA or any other domain name regulatory body), we will provide a reasonable period of notice not exceeding 3 days;
  3. for all other changes, we will give you at least 30 days’ notice.
  4. Supply of Services

2.1 We shall use reasonable endeavours to supply the Services in accordance with your Contract until the Service is terminated in accordance with the Contract. We shall not be liable for any delay or failure to perform our obligations under this Contract if such delay or failure is due to termination of access to a Service by the end supplier of the Service or as a result of a change to the conditions of supply by that supplier.

2.2 Monthly contracts will roll on a monthly basis without notice to you. Fixed contract period Services (other than a month-to-month contract) will automatically roll over for a further fixed contract period on the date notified to you by our reminder notice.

2.3 If your fixed contract period Service is to be auto-renewed, we will notify you of, and provide you the ability to cancel the impending auto-renewal. You must advise us prior to the auto-renewal date if you wish to cancel the Service. If we do not receive your cancellation or “do not renew” advice in time, we will auto-renew the Service to ensure it continues uninterrupted. Your Service will be renewed for the same duration at the then current applicable charges published on our website.

2.4 Nothing in the Contract transfers to either party any intellectual property rights (“IPR”) owned by the other party existing prior to the commencement of the Services. All IPR in the materials produced by us in connection with the Services (including websites, designs, information, reports and data) other than your pre-existing IPR, are and will remain owned by us. We grant you a perpetual, irrevocable, non-exclusive, royalty-free licence to use those materials for your internal business purposes (but not to disclose them to third parties unless otherwise agreed in writing).

  1. Provision of Secure Access to NPA Media Group Australia Systems

3.1 You must keep all login details secure and confidential at all times and must not disclose them to anyone else (except those of your employees who need to know them for the purposes of their employment).

3.2 You agree that you are totally responsible for all actions of the people (if any) to whom you provide your login details (whether knowingly or not, and whether directly or indirectly) while they obtain access to our systems using those login details, and that we are entitled to treat instructions provided by those people through such access as instructions originating from you.

3.3 You must notify us immediately of any breach of security or unauthorised use of your login details to access our systems. We will not be liable for any loss you incur due to any unauthorised use of your login details.

  1. Your Obligations

4.1 You must provide us with such co-operation and support as we may reasonably request to perform the Services, including by:

  1. Responding promptly to our communications in relation to the Services; and
  2. Providing accurate and prompt responses to our requests for any information or documentation reasonably required by us to perform the Services.

4.2 You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name, any materials given by you to us, any content that you upload to your Service, and merchant services agreements between you and the relevant financial institutions.

4.3 You indemnify us from and against any and all liabilities incurred by us in connection with our:

  1. Use or reliance upon any images or trading names, or any data, information, specifications, documentation, computer software or other materials provided by you; or
  2. Compliance with any directions or instructions by you in relation to the provision of the Services.

4.4 Except to the extent that NPA Media Group Australia expressly agrees to do so as part of a Service, you must conduct backups of any of your data (whether hosted on NPA Media Group Australia’s computer systems or provided to NPA Media Group Australia in connection with the performance of the Services) at such intervals as are reasonable having regard to the nature of the data.

  1. Fees and Payment

5.1 You must pay us the Services fees as described and by the due date specified in any invoice sent to you or as required at the time of purchase. Yearly subscriptions are payable within 30 days of invoice issue and monthly subscriptions are payable within 7 days of invoice issue.

5.2 Upon provision of a credit card account, you authorise us to automatically debit your nominated credit card for all charges on issuance of a valid invoice. To minimise service disruption due to credit card expirations, our billing systems will automatically attempt to update the expiry date of your credit card when necessary to process payments, however we do not guarantee this will be successful. We remind you that it is your responsibility to ensure your credit card details are kept up to date at all times.

5.3 Monthly, quarterly or bi-annual fees are not refundable if your Service is terminated part way through a payment period.

5.4 Unless the Service Terms provide differently, and with the exception of the 14 Day Money Back Guarantee, if you terminate a fixed period contract (annual or longer) before the end of its term, you will be charged an early termination charge equal to 6 months’ fees or the fees for the rest of the contract term, whichever is the lesser (Early Termination Fee). If you have prepaid fees for the fixed period contract and there is greater than 6 months remaining, on request, you will be refunded the balance of the prepaid fees minus the Early Termination Fee. Refunds are not available for domain names.

5.5 Without prejudice to our other rights and remedies under this agreement, if any Services fees are not paid on or before their due date, we reserve the right, immediately and at our sole discretion, to suspend the provision of Services to you until such payment is made (including any interest charged on overdue amounts, calculated at the daily rate of 12% per annum).

5.6 If we have taken action to recover overdue amounts from you, any reasonable costs incurred by us in recovering the debt, including but not limited to any legal expenses and collection agency charges, will be recoverable from you.

5.7 Some customers nominate to transact with us by depositing funds into a prepaid credit account, which can then be used to pay for transactions within their account. In the event that there is an unused prepaid balance, the funds cannot be held indefinitely. Prepaid credit deposits will be forfeited if there is no activity on the account for a continuous 12 month period.

5.8 Some customers nominate to transact with us by the use of a monthly direct debit service. (Direct Debit Terms & Conditions)

  1. Termination

6.1 Either party may terminate this Contract immediately by notice in writing to the other party if:

  1. the other party commits a material breach which cannot be remedied, of its obligations under the Contract;
  2. the other party commits a remediable material breach of its obligations under the Contract but fails to remedy that breach within 14 days of being required to do so in writing by the first party; or
  3. an insolvency event occurs with respect to the other party.

6.2 If we terminate a Service for a reason set out in 4.1, we shall also be entitled to immediately cease any of our other Services to you.

6.3 If you wish to terminate your account, you must do so by completing the online cancellation form, otherwise your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period. We will not accept verbal instructions to terminate an account. To submit the cancellation form, login to The Toolbox, select your product then click on ‘Request Cancellation‘ from the Right-Hand Side Menu. Submission of this online form will generate an automated email to the email address specified in the form, and within this email will be a unique tracking number that is the only proof of cancellation that will be accepted by us. We will complete the cancellation request to your service at the first available opportunity, however we acknowledge the date of lodgement of the cancellation request (where we have provided a receipt ID) as the date of cancellation.

6.4 Where the Contract does not state expressly that the Services are to be provided for a minimum fixed period or, following the expiry of such a period if specified and where renewal of a further fixed period has not occurred, either party may terminate the Contract on 30 days’ written notice to the other.

  1. 14 Day Money Back Guarantee

7.1 Only new purchases (excluding renewals) of the products listed below are eligible to participate in the 14 Day Money back Guarantee program. Products and Services covered by the Guarantee, are:

  1. Hosting

7.2 In order to claim a refund:

  1. You must send an email to accounts@npa-media.com.au within 14 days from the date that the service was provisioned as defined by the invoice creation date. You will then be provided with an acknowledgment receipt with a unique identification number. If you do not receive the acknowledgement receipt, your request has not reached our system and you should either resend your email or call us immediately.
  2. Upon receipt, the request will be vetted for eligibility. If the request is determined to be ineligible, the request will be treated as a standard cancellation.
  3. If the request is deemed eligible, you agree to provide us 10 working days to resolve any issue you may have with the Service. If you remain dissatisfied with the outcome at the end of the consultation process, we will provide a full refund of the Services fees.
  4. Refunds will be made to either the credit card used in the original transaction or by way of direct deposit to a nominated bank account. Under no circumstances will cheques be issued.

7.3 The 14 Day Money Back Guarantee does not apply if the Service has been:

  1. discounted by greater than 20% from the normal published web prices; or
  2. upgraded within the past 3 months, irrespective of whether a pro-rata credit was applied or not.

7.4 Should the Service purchased be part of a product and/or service bundle that includes components that are ineligible for the Guarantee, only the eligible components in the bundle will be considered for refund as part of the Guarantee.

7.5 Refunds will not be given on deposits if work has already commenced.

  1. Warranties

8.1 If you are not the customer, you warrant that you have the power and authority to enter into this Contract on behalf of the customer and will indemnify us for any breach of the Contract by the customer.

8.2 We do not warrant that the Services will be uninterrupted, timely, secure or error free, or that they will be free from hackers, virus, denial of service attack or other persons having unauthorised access to our services or those of our suppliers.

8.3 You agree that we may be required to perform maintenance in respect of our systems to ensure their satisfactory operation which may affect the availability or functioning of the Services. We will use reasonable endeavours to provide you with advance notice of any maintenance downtime, except when circumstances beyond our reasonable control prevent us from doing so.

8.4 All terms and warranties which might otherwise be implied by any legislation, the common law, equity, trade, custom or usage or otherwise in to the Contract, are expressly excluded to the maximum extent permitted by law.

8.5 If any goods or services supplied pursuant to this agreement are supplied to you as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation (“the Acts”), you will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which is so conferred by the Acts. However, if the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, we limit our liability to:

  1. in relation to goods – the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or, the repair of the goods or payment of the cost of having the goods repaired;
  2. in relation to services – the supplying of the services again; or the payment of the cost of having the services supplied again as in each case we may elect.
  3. Liability

9.1 Nothing in the Contract excludes or limits either party’s liability under or in respect of:

  1. Any indemnity;
  2. Any fraud or other criminal act;
  3. Personal injury or death caused by the negligence, breach of contract or other wrongful act or omission of that party; or
  4. Any other liability that cannot be excluded by law.

9.2 To the maximum extent permitted by applicable law, neither party is liable for:

  1. any indirect, special or consequential loss or damage, any loss of profit, revenue or business opportunities, loss of or damage to data or loss of goodwill arising out of or in connection with the Contract (whether or not the loss or damage may reasonably be supposed to have been in the contemplation of the parties as at the date the Contract was formed as a probable result of any act or omission);
  2. any loss or damage to the extent such loss or damage is caused or contributed to by the other party’s negligence, breach of contract or other wrongful acts or omissions; or
  3. any claim made 6 months or more after the circumstances giving rise to the claim first became known by the claimant or could, with reasonable diligence, have become known by the claimant.

9.3 Each party’s aggregate liability for any loss or damage in connection with the provision of the Service, which is not excluded or limited under this clause 6 is limited to the charges paid by you in respect of the Services for the preceding 12 months to any such claim.

  1. General

10.1 Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, fax, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.

10.2 Neither party may assign its rights or obligations under this Contract without the written consent of the other party which consent will not be unreasonably withheld; provided, however, that we may assign this Contract to a successor in connection with any merger, acquisition, or sale of all or substantially all of our business or assets to which this Contract relates.

10.3 We are free to sub-contract any of our obligations under the Contract, but such sub-contracting will not release us from our liabilities under the Contract.

10.4 The Contract is to be interpreted in accordance with the laws of the State of Western Australia.

Direct Debit Terms & Conditions

Changes to the initial terms can be made by contacting our client direct. Alternatively you can contact us direct on the details below.

Our commitment to you

This document outlines our service commitment to you, in respect of the Direct Debit Request (DDR) made between Pay Advantage®, our Client and You. It sets out your rights, our commitment to you and your responsibilities to us together with where you should go for assistance.

Initial terms of the arrangement

In terms of the Direct Debit Request made between us and signed by you, we undertake to periodically debit your nominated account for the agreed amount and term set out in the above schedule.

Drawing arrangements

The first drawing under this Direct Debit arrangement will occur on the nominated date above. Any drawing due on a non-business day will be debited to your account on the next business day following the scheduled drawing date. We will give you at least 7 days notice in writing when changes to the initial terms of the arrangement are made. This notice will include the new amount, frequency, next drawing date and any other changes to the initial terms. The agreement shall continue as per the Term listed above. At the end of the term we may continue to debit the account on a debit by debit basis unless notified in writing that you do not wish for this to occur.

Your rights

Changes to the arrangement

If you want to make changes to the drawing arrangements, these must be clearly outlined in writing and sent promptly to our client. Changes may include deferring a drawing, altering the schedule, stopping an individual debit, suspending the DDR or cancelling the DDR completely.

Enquiries

You should direct all enquiries first to our client and then to us, rather than to your financial institution. These should be made at least 7 working days prior to the next scheduled drawing date. All communication should include your full name and/or company name, the BSB/Account number we are debiting and return contact details. All personal customer information held by us will be kept confidential except information provided to our financial institution to initiate the drawing to your nominated account.

Disputes

If you believe a drawing has been initiated incorrectly, we encourage you to take the matter up directly with our client or us by lodging your concern in writing direct to our office. You will receive a refund of the drawing amount if we cannot substantiate the reason for the drawing.

Your commitment to us

It is your responsibility to ensure that:

  • –  your nominated account can accept direct debits (your financialinstitution can confirm this); and
  • –  that on the drawing date there is sufficient cleared funds in thenominated account; and
  • –  you advise us if the nominated account is transferred or closed.If your drawing is returned or dishonoured by your financial institution, we will schedule your account to be re-drawn with the dishonoured amount on your next scheduled payment in addition to a dishonour fee as listed above which will be drawn together with any other due payments. Any transaction fees payable by us in respect of the above will be added to this debit. Should you cancel the Direct Debit Request (DDR), instruct your bank not to make payment or more than two (2) consecutive payments are dishonoured we may cancel this agreement and the remaining scheduled amount plus all penalty charges will be due and payable.

Graphic & Website Design Terms & Conditions

  1. DEFINITIONS

As used herein and throughout this Agreement:

1.1 “Agreement” means the entire content of these Terms and Conditions document, the Proposal document(s), Schedule A, together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.

1.2 “Client Content” means all materials, information, photography, writings and other creative content provided by Client for use in the preparation of and/or incorporation in the Deliverables.

1.3 “Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Australian Copyright Law.

1.4 “Deliverables” means the services and work product specified in the Proposal to be delivered by Designer to Client, in the form and media specified in the Proposal.

1.5 “Designer Tools” means all design tools developed and/or utilized by Designer in performing the Services, including without limitation pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as Web site design, architecture, layout, navigational and functional elements.

1.6 “Final Art” means all creative content developed or created by Designer, or commissioned by Designer, exclusively for the Project and incorporated into and delivered as part of the Final Deliverables, including and by way of example, not limitation, any and all visual designs, visual elements, graphic design, illustration, photography, animation, sounds, typographic treatments and text, modifications to Client Content, and Designer’s selection, arrangement and coordination of such elements together with Client Content and/or Third Party Materials.

1.7 “Final Deliverables” means the final versions of Deliverables provided by Designer and accepted by Client.

1.8 “Preliminary Works” means all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by Designer and which may or may not be shown and or delivered to Client for consideration but do not form part of the Final Art.

1.9 “Project” means the scope and purpose of the Client’s identified usage of the work product as described in the Proposal.

1.10 “Services” means all services and the work product to be provided to Client by Designer as described and otherwise further defined in the Proposal.

1.11 “Third Party Materials” means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration.

1.12 “Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables to designate the origin or source of the goods or services of Client.

  1. PROPOSAL

The terms of the Proposal shall be effective for 30 days after presentation to Client. In the event this Agreement is not executed by Client within the time identified, the Proposal, together with any related terms and conditions and deliverables, may be subject to amendment, change or substitution.

  1. FEES AND CHARGES

3.1 Fees. In consideration of the Services to be performed by Designer, Client shall pay to Designer fees in the amounts and according to the payment schedule set forth in the Proposal, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the payment schedule.

(a) 50 percent (50%) deposit is required prior to start of project to schedule the required works.

3.2 Expenses. Client shall pay Designer’s expenses incurred in connection with this Agreement as follows:

(a) incidental and out of pocket expenses including but not limited to costs for telephone calls, postage, shipping, overnight courier, service bureaus, typesetting, blueprints, models, presentation materials, photocopies, computer expenses, parking fees and tolls, and taxis at cost plus Designer’s standard mark-up of 15 percent (15%), and, if applicable, a mileage reimbursement at $2.50 per kilometre; and

(b) Travel expenses including transportation, meals, and lodging, incurred by Designer with Client’s prior approval.

3.3 Additional Costs. The Project pricing includes Designer’s fee only. Any and all outside costs including, but not limited to, equipment rental, photographer’s costs and fees, photography and/or artwork licenses, prototype production costs, talent fees, music licenses, and online access or hosting fees, will be billed to Client unless specifically otherwise provided for in the Proposal.

3.4 Invoices. All invoices are payable within seven (7) days of receipt. A 1.5 percent monthly service charge is payable on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance. Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Designer reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses and Fees, Charges or the costs of Changes.

  1. CHANGES

4.1 General Changes. Unless otherwise provided in the Proposal, and except as otherwise provided for herein, Client shall pay additional charges for changes requested by Client which are outside the scope of the Services on a time and materials basis, at Designer’s standard hourly rate of $45 per hour. Such charges shall be in addition to all other amounts payable under the Proposal, despite any maximum budget, contract price or final price identified therein. Designer may extend or modify any delivery schedule or deadlines in the Proposal and Deliverables as may be required by such Changes.

4.2 Substantive Changes. If Client requests or instructs Changes that amount to a revision in or near excess of ten percent (10%) of the time required to produce the Deliverables, and or the value or scope of the Services, Designer shall be entitled to submit a new and separate Proposal to Client for written approval. Work shall not begin on the revised services until a fully signed revised Proposal and, if required, any additional retainer fees are received by Designer.

4.3 Timing. Designer will prioritize performance of the Services as may be necessary or as identified in the Proposal, and will undertake commercially reasonable efforts to perform the Services within the time(s) identified in the Proposal. Client agrees to review Deliverables within the time identified for such reviews and to promptly either,

(i) Approve the Deliverables in writing or

(ii) Provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to Designer. The Designer shall be entitled to request written clarification of any concern, objection or correction. Client acknowledges and agrees that Designer’s ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in Client’s performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables. Any such delay caused by

Client shall not constitute a breach of any term, condition or Designer’s obligations under this Agreement.

4.4 Testing and Acceptance. Designer will exercise commercially reasonable efforts to test Deliverables requiring testing and to make all necessary corrections prior to providing Deliverables to Client. Client, within five (5) business days of receipt of each Deliverable, shall notify Designer, in writing, of any failure of such Deliverable to comply with the specifications set forth in the Proposal, or of any other objections, corrections, changes or amendments Client wishes made to such Deliverable. Any such written notice shall be sufficient to identify with clarity any objection, correction or change or amendment, and Designer will undertake to make the same in a commercially timely manner. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this Agreement. In the absence of such notice from Client, the Deliverable shall be deemed accepted.

 

  1. CLIENT RESPONSIBILITIES

Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner:

(a) Coordination of any decision-making with parties other than the Designer;

(b) Provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal; and

(c) Final proofreading and in the event that Client has approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, Client shall incur the cost of correcting such errors.

  1. ACCREDITATION/PROMOTIONS

All displays or publications of the Deliverables shall bear accreditation and/or copyright notice in Designer’s name in the form, size and location as incorporated by Designer in the Deliverables, or as otherwise directed by Designer. Designer retains the right to reproduce, publish and display the Deliverables in Designer’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the Project and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website.

  1. CONFIDENTIAL INFORMATION

Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party, including without limitation Preliminary Works (“Confidential Information”). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Proposal except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.

  1. RELATIONSHIP OF THE PARTIES

8.1 Independent Contractor. Designer is an independent contractor, not an employee of Client or any company affiliated with Client. Designer shall provide the Services under the general direction of Client, but Designer shall determine, in Designer’s sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Designer and the work product or Deliverables prepared by Designer shall not be deemed a work for hire as that term is defined under Copyright Law. All rights if any granted to Client are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this Agreement.

8.2 Designer Agents. Designer shall be permitted to engage and/or use third party designers or other service providers as independent contractors in connection with the Services (“Design Agents”). Notwithstanding, Designer shall remain fully responsible for such Design Agents’ compliance with the various terms and conditions of this Agreement.

8.3 No Solicitation. During the term of this Agreement, and for a period of six (6) months after expiration or termination of this Agreement, Client agrees not to solicit, recruit, engage, or otherwise employ or retain, on a full-time, part-time, consulting, work-for-hire, or any other kind of basis, any Designer, employee or Design Agent of Designer, whether or not said person has been assigned to perform tasks under this Agreement. In the event such employment, consultation or work-for-hire event occurs, Client agrees that Designer shall be entitled to an agency commission to be the greater of, either

(a) 25 percent of said person’s starting salary with Client, or (b) 25 percent of fees paid to said person if engaged by Client as an independent contractor. In the event of (a) above, payment of the commission will be due within 30 days of the employment starting date. In the event of (b) above, payment will be due at the end of any month during which the independent contractor performed services for Client. Designer, in the event of non-payment and in connection with this section, shall be entitled to seek all remedies under law and equity.

8.4 No Exclusivity. The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Designer, and Designer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Designer.

  1. WARRANTIES AND REPRESENTATIONS

9.1 By Client. Client represents, warrants and covenants to Designer that

(a) Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Content,

(b) to the best of Client’s knowledge, the Client Content does not infringe the rights of any third party, and use of the Client Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties,

(c) Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and

(d) Client shall comply with all laws and regulations as they relate to the Services and Deliverables.

9.2 By Designer

(a) Designer hereby represents, warrants and covenants to Client that Designer will provide the Services identified in the Agreement in a professional and workmanlike manner and in accordance with all reasonable professional standards for such services.

(b) Designer further represents, warrants and covenants to Client that

(i) Except for Third Party Materials and Client Content, the Final Deliverables shall be the original work of Designer and/or its independent contractors,

(ii) in the event that the Final Deliverables include the work of independent contractors commissioned for the Project by Designer, Designer shall have secure agreements from such contractors granting all necessary rights, title, and interest in and to the Final Deliverables sufficient for Designer to grant the intellectual property rights provided in this Agreement, and

(iii) to the best of Designer’s knowledge, the Final Art provided by Designer and Designer’s subcontractors does not infringe the rights of any party, and use of same in connection with the Project will not violate the rights of any third parties. In the event

Client or third parties modify or otherwise use the Deliverables outside of the scope or for any purpose not identified in the Proposal or this Agreement or contrary to the terms and conditions noted herein, all representations and warranties of Designer shall be void.

(c) EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, DESIGNER MAKES NO WARRANTIES WHATSOEVER. DESIGNER EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT.

  1. INDEMNIFICATION/LIABILITY

10.1 By Client. Client agrees to indemnify, save and hold harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances Designer shall promptly notify Client in writing of any claim or suit;

(a) Client has sole control of the defence and all related settlement negotiations; and

(b) Designer provides Client with commercially reasonable assistance, information and authority necessary to perform Client’s obligations under this section. Client will reimburse the reasonable out-of-pocket expenses incurred by Designer in providing such assistance.

10.2 By Designer. Subject to the terms, conditions, express representations and warranties provided in this Agreement, Designer agrees to indemnify, save and hold harmless Client from any and all damages, liabilities, costs, losses or expenses arising out of any finding of fact which is inconsistent with Designer’s representations and warranties made herein, except in the event any such claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or misconduct of Client provided that

(a) Client promptly notifies Designer in writing of the claim;

(b) Designer shall have sole control of the defence and all related settlement negotiations; and

(c) Client shall provide Designer with the assistance, information and authority necessary to perform Designer’s obligations under this section. Notwithstanding the foregoing, Designer shall have no obligation to defend or otherwise indemnify Client for any claim or adverse finding of fact arising out of or due to Client Content, any

Unauthorized content, improper or illegal use, or the failure to update or maintain any Deliverables provided by Designer.

10.3 Limitation of Liability. THE SERVICES AND THE WORK PRODUCT OF DESIGNER ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF DESIGNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF DESIGNER. IN NO EVENT SHALL DESIGNER BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY DESIGNER, EVEN IF DESIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

  1. TERM AND TERMINATION

11.1 This Agreement shall commence upon the Effective Date and shall remain effective until the Services are completed and delivered.

11.2 This Agreement may be terminated at any time by either party effective immediately upon notice, or the mutual agreement of the parties, or if any party:

(a) becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or

(b) breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within ten (10) days from receipt of written notice of such breach.

11.3 In the event of termination, Designer shall be compensated for the Services performed through the date of termination in the amount of

(a) any advance payment,

(b) a prorated portion of the fees due, or

(c) hourly fees for work performed by Designer or Designer’s agents as of the date of

termination, whichever is greater; and Client shall pay all Expenses, fees, out of pockets together with any Additional Costs incurred through and up to, the date of cancellation.

11.4 In the event of termination by Client and upon full payment of compensation as provided herein, Designer grants to Client such right and title as provided for in Schedule A of this Agreement with respect to those Deliverables provided to, and accepted by Client as of the date of termination.

11.5 Upon expiration or termination of this Agreement: (a) each party shall return or, at the disclosing party’s request, destroy the Confidential Information of the other party, and (b) other than as provided herein, all rights and obligations of each party under this Agreement, exclusive of the Services, shall survive.

  1. GENERAL

12.1 Modification/Waiver. This Agreement may be modified by the parties. Any modification of this Agreement must be in writing, except that Designer’s invoices may include, and Client shall pay, expenses or costs that Client authorizes by electronic mail in cases of extreme time sensitivity. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.

12.2 Notices. All notices to be given hereunder shall be transmitted in writing either by facsimile or electronic mail with return confirmation of receipt or by certified or registered mail, return receipt requested, and shall be sent to the to the addresses identified below, unless notification of change of address is given in writing. Notice shall be effective upon receipt or in the case of fax or e-mail, upon confirmation of receipt.

12.3 No Assignment. Neither party may assign, whether in writing or orally, or encumber its rights or obligations under this Agreement or permit the same to be transferred, assigned or encumbered by operation of law or otherwise, without the prior written consent of the other party.

12.4 Force Majeure. Designer shall not be deemed in breach of this Agreement if Designer is unable to complete the Services or any portion thereof by reason of fire, earthquake, labour dispute, act of God or public enemy, death, illness or incapacity of Designer or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Designer’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Designer shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.

12.5 Governing Law and Dispute Resolution. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the Australia and the state of Western Australia without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the Australian Arbitration Association, or other forum mutually agreed to by the parties. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys’ fees and costs. In all other circumstances, the parties specifically consent to the local, state and federal courts located in the state of Western Australia. The parties hereby waive any jurisdictional or venue defences available to them and further consent to service of process by mail. Client acknowledges that Designer will have no adequate remedy at law in the event Client uses the deliverables in any way not permitted hereunder, and hereby agrees that Designer shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.

12.6 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.

12.7 Headings. The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.

12.8 Integration. This Agreement comprises the entire understanding of the parties hereto on the subject matter herein contained, and supersedes and merges all prior and contemporaneous agreements, understandings and discussions between the parties relating to the subject matter of this Agreement. In the event of a conflict between the Proposal and any other Agreement documents, the terms of the Proposal shall control. This Agreement comprises this Terms and Conditions document, the Proposal, Schedule A. – Scope of Works

13 Dishonoured Payments

13.1 If you are making your payment by cheque or subscription payment. It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the payment. Should your payment be dishonoured NPA Media Group Australia will debit you an additional $10 with your next payment and may, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. NPA Media Group may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract.

Domain Registrant Agreements

Updated July 2016

.au Domain Registrant Agreement

This document sets out the terms and conditions of your application for a domain name, and if successful, your domain name licence. It records the agreement between you, the applicant or holder of a domain name licence, and us the registrar, in relation to the domain name.

Summary of Terms and Conditions

  • If your application for a domain name is accepted and approved, you will be granted a two year Domain Name Licence for that domain name
  • You are required to make several statements to us in relation to your domain name application – please read them carefully to ensure that those statements are correct
  • You are entitled to transfer your domain name registration to another registrar, and we will facilitate such transfer for you according to our obligations under auDA’s Published Policies (see <www.auda.org.au>)
  • You are bound by the .au Dispute Resolution Policy (auDRP) in relation to your registered domain name, as well as such other dispute resolution policy which may be adopted by auDA from time to time
  • You accept that our liability and auDA’s liability to you under these terms and conditions are limited

1. Definitions

In this document, unless the context requires otherwise:
auDA means .au Domain Administration Limited ACN 079 009 340, the .au domain names administrator.
Domain Name means the domain name which is the subject of your application, and if successful, the Domain Name Licence.
Domain Name Licence means your licence to use the Domain Name which is the subject of your application.
auDA Published Policies means those specifications and policies established and published by auDA from time to time at http://www.auda.org.au.
Registry Operator means the operator of the domain names registry for the Domain Name.
We, our or us refer to Netregistry Pty Ltd, ABN 13 080 859 721, the registrar of record for your Domain Name Licence.
You or your refer to the person applying for, or the holder of, a Domain Name Licence.

2. General

You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the Domain Name to another person.

3. Domain names application and registration

  1. 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.
  2. 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.
  3. 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.
  4. All personal information pertaining to you are held by auDA for the benefit of the Australian public.

4. Domain name licence

  1. Your Domain Name Licence will be effective for a two year period, once:
    1. your application is accepted and approved by us and by the Registry Operator, and
    2. you have paid the applicable fees,

    unless it is cancelled earlier under the terms of this document or under any Published Policies.

  2. Your Domain Name Licence may be renewed every two years, as long as you:
    1. pay the applicable renewal fees, and
    2. continue to meet the eligibility criteria prescribed in the Published Policies.
  3. You accept that it is your responsibility to ensure that your Domain Name Licence is renewed.
  4. You may cancel your Domain Name Licence at any time by notifying us in writing.
  5. We may cancel your Domain Name Licence if you breach any provision of this document.

5. Your statement to us

  1. You confirm and state to us and to auDA separately that:
    1. 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, and
    2. you meet, and continue to meet, for the duration of the Domain Name Licence, the eligibility criteria prescribed in the Published Policies for registering the Domain Name, and
    3. 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:
      1. you are relying upon the same eligibility criteria for both domain names, and
      2. the Domain Name has previously been rejected by the other registrar, and
    4. your registration or use of the Domain Name does not infringe any person’s legal rights, and
    5. 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.
  2. 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 Licence.
  3. 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.

6. Our obligations to you

  1. Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.
  2. We will give you immediate notice if:
    1. we are no longer an accredited registrar, or
    2. our auDA Accreditation is suspended or terminated, or
    3. our registrar agreement with auDA is terminated by auDA.
  3. auDA may post notice of:
    1. the act that we are no longer an accredited registrar, or
    2. the suspension or termination of our auDA Accreditation, or
    3. the termination of our registrar agreement with auDA,

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

7. Your obligations to us

  1. You must comply with all auDA Published Policies, as if they were incorporated into, and form part of, this agreement. In the event of any inconsistency between any auDA Published Policy and this agreement, then the auDA Published Policy will prevail to the extent of such inconsistency.
  2. You acknowledge that under the auDA Published Policies:
    1. there are mandatory terms and conditions that apply to all domain names licences, and such terms and conditions are incorporated into, and form part of, this agreement; and
    2. Registrant is bound by, and must submit to, the .au Dispute Resolution Policy; and
    3. auDA may delete or cancel the registration of a .au domain name.
  3. Throughout the period of your Domain Name Licence, you must give notice to the Registry Operator (through us) of any change to any information which you have given us.

8. Use of your information

You give to:

  1. auDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Published Policies;
  2. us, 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;
  3. 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.

9. Dispute resolution

  1. 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 licence holder, or between a domain name licence holder and a third party, in relation to entitlements to domain names.
  2. The auDRP binds you and us severally as if it were incorporated in this document.
  3. You accept that:
    1. 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, and
    2. such policies bind you and us severally as if they were incorporated in this document.

10. Transfer of registrars

  1. 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:
    1. the maximum fees which we can charge you for such transfer,
    2. when we are not allowed to charge you fees,
    3. the conditions under which we must transfer the registered Domain Name, and
    4. the conditions under which we are entitled not to transfer the registered the Domain Name.
  2. If:
    1. we are no longer an accredited registrar, or
    2. our auDA Accreditation is suspended or terminated, or
    3. our 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.

  3. If our registrar agreement with auDA is terminated, we will not charge you any fee for the transfer of the registered Domain Name to another registrar.

11. Limitation of liabilities

  1. To the fullest extent permitted by law, auDA will not be liable to you for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss or profit, loss or corruption of data, business interruption or indirect costs) suffered by you arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors.
  2. You agrees to indemnify, keep indemnified and hold auDA, its 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 .au domain name.
  3. You accept and agree that if we have any outstanding fees owing to auDA, which gives auDA a right to terminate our registrar agreement with auDA, then auDA may in its sole discretion terminate the registrar agreement.
  4. 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 licence 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.
  5. 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.
  6. Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.

12. 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.

13. General

  1. In this document:
    1. a reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties;
    2. a reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form;
    3. headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document; and
    4. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.
  2. 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
  3. 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.
  4. This document 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.

.au.com Domain Registrant Agreement

We are entitled to register domain names on a first come, first served basis, whether or not it has received payment for registration and, until we have confirmed it as a pending registration, there is no guarantee that the domain name applied for will be entered in the register as such. You are advised not to take any action in respect of the registration of a domain name before it becomes a full registration.

  1. Our rules for the .au.com subdomains and the procedures of our dispute resolution service (both of which as at the date here of can be seen below), in each case as amended from time to time, form part of this agreement. Copies of those rules and procedures may also be obtained directly from us.
  2. Within fifteen (15) days after the issue of our invoice, you will pay the initial registration fee to us and sign and return to us the application form, confirming your acceptance of these terms and conditions. You will be responsible for the payment of all fees, whether or not the subdomain is registered by means of any reseller of NPA Media Group Australia or agent of your own. You warrant that the details submitted by you to us, in the Application form are true and correct, and that future additions or alterations to those details will be true and correct.
  3. You will be responsible to obtain the consent of individuals whose personal data are to be held on the Register of .au.com domain names to the access referred to in clause 10 below and promptly notify NPA Media Group Australia of any change to its registered details, including where an agent is appointed, any change to the agent’s details.
  4. Where an application for a subdomain is accepted and entered with other relevant details in the register of .au.com domain names as a pending registration, it may be deleted by us and made available to any other applicant if the fee invoiced to you is not paid within the time specified in our invoice, and you will not be entitled to any refund of any money paid; if an application is not accepted, NPA Media Group Australia will notify you or the person lodging the application on your behalf and return any payments received. A pending registration will be converted to a full registration on receipt of both the initial registration fee and the correctly completed application form.
  5. The initial registration period is one year from the date of the application for registration. Thereafter, we may, in our absolute discretion renew, the registration for further periods of one or more years, on payment of the renewal fees applicable from time to time. We provide no warranty as to our ability to renew the registration.
  6. You may surrender the registration of the domain name by notice in writing to us at any time prior to issue of an invoice and on issue of the invoice for that domain name, such notice being delivered by hand or sent by prepaid post, by fax or email The notice will be effective: if delivered, on delivery; if sent by fax or email, when the sender receives confirmation of receipt; and if sent by post, on the fourth day after posting. No other method of surrender is permitted after issue of a invoice. Once the domain name and your details have been entered in the Register of .au.com domain names as a full registration no refund of fees will be payable by us.
  7. We may cancel the registration or suspend the delegation of a domain name in any circumstance permitted by this agreement, by notice in writing to you or the agent. In addition, we may do so where to maintain the registration would put us in conflict with statutory obligations or the terms of a Court Order, or where the registration or use of the domain name conflicts with our Rules for the .au.com subdomains in force from time to time. We may cancel the registration at any time by providing 12 months’ notice in writing to you or the agent of our intention to do so.
  8. NPA Media Group Australia does not accept any responsibility for the use of any domain name on the Register of .au.com domain names and in particular for any conflict with trade marks, registered or unregistered, or with rights to names in other contexts. An invoice is not intended to be evidence of ownership of the name used as a domain name.
  9. You warrant that neither the registration of the domain name nor the manner in which the domain name is directly or indirectly used infringes or will infringe the legal rights of a third party. Our remedies under this warranty will continue to be available after completion of the registration process and notwithstanding any subsequent surrender, cancellation or transfer of the registration of the domain name.
  10. The Register of .au.com domain names will include the names of you and the Administrative Contact and other details relating to them. You hereby permit us to allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the domain name or any other related purpose.

Rules for the au.com subdomains

  1. Process detail: The au.com domain is for the registration of names relating to commercial enterprises. No limitation is placed on the number of names that may be applied for or the use for which they are being put to subject to any request meeting the rules as applying at the time when the request is made. SYNTAX rules for domain name requests. [These rules apply at the top level of delegation only: e.g. the xxx in xxx.au.com, xxx.name.au.com, and so on, but not within a delegated domain.]
  2. Mandatory rules: The rules as specified in the document rules for the .au.com subdomains shall apply in full. Where two applications are for the same name then the one which is received first shall have prior claim.
  3. Records: A record will be created in our database from which NS records will be generated and loaded into the primary nameservers for the zone.

Dispute resolution service for registration of subdomains under au.com

NPA Media Group Australia dispute resolution service

On learning of a dispute about an internet domain name registered under a subdomain of au.com, between the organisation or individual and another laying claim to a stronger right to register it, NPA Media Group Australia will assist the parties by providing the following services:

Investigation

  1. NPA Media Group Australia will seek to establish whether a mutually acceptable resolution to the dispute can be found by the impartial intervention of senior executive staff of NPA Media Group Australia.

Formal action under the rules

  1. Under the rules for the .au.com subdomains, NPA Media Group Australia may suspend or terminate delegation of an internet domain name in certain circumstances (as NPA Media Group Australia may determine. The dispute that arises most frequently is where it is drawn to NPA Media Group Australia attention by a third party that in their view a domain name is being used in a manner likely to cause confusion to internet users. There are other more objective circumstances which may lead to suspension, including where it is drawn to NPA Media Group Australia attention that a domain name is administered in a way likely to endanger operation of the DNS.
  2. If investigation does not lead to a mutually acceptable resolution of the dispute, NPA Media Group Australia will consider the evidence assembled during the investigation to determine whether the delegation of the domain name should be suspended.
  3. If any party affected is dissatisfied with NPA Media Group Australia decision to suspend or terminate (or not to suspend or terminate) delegation of a domain name, NPA Media Group Australia will, at that party’s request, refer the suspension to an independent expert for a written recommendation that NPA Media Group Australia should confirm or revoke its decision. Fees and expenses are borne by that party.
  4. The expert will be sent copies of all letters, faxes, email and notes, together with a short statement by NPA Media Group Australia, confirming the background, timing and implementation of its decision.
  5. The interested parties will be informed by NPA Media Group Australia of the referral to the expert and provided with copies of relevant documents. The expert will invite the parties affected by the suspension, or failure to suspend, to make one written submission, within 14 days, of his or her receipt of all the documents referred to in paragraph 4.
  6. Neither party will have the right to call for a hearing before the expert at which witnesses would be examined. The expert may invite the parties to appear before him or her.
  7. The expert will issue his or her written recommendation to NPA Media Group Australia with reasons, with copies to any other party, no later than one month after receipt of the documents referred to in paragraph 5 above from NPA Media Group Australia.
  8. Immediately on receipt of the expert’s recommendation, NPA Media Group Australia will reconsider its earlier decision to suspend, or not to suspend, the delegation of the domain name. A final decision will be made and confirmed to all interested parties.
  9. If either party is dissatisfied with NPA Media Group Australia final decision on suspension of delegation of the domain name, NPA Media Group Australia will inform the parties of the NPA Media Group Australia Alternative Dispute Resolution Service, administered by the Australian Commercial Disputes Centre and forward to them details of the service. If one of the parties refuses to enter into a mediation agreement (or mediation does not resolve the dispute), the dissatisfied party will remain in a position to seek advice from its lawyers about pursuing its case by litigation in the courts or (with the agreement of the other party) in arbitration.

The NPA Media Group Australia alternative dispute resolution service

  1. NPA Media Group Australia ADR is a form of mediation whereby parties to a dispute agree with a neutral third party intermediary to assist them to reach a negotiated settlement agreement. Mediation fees and expenses are borne by the parties. The process aims to avoid the delay, expense and confrontation associated with litigation and arbitration. Parties invoking the NPA Media Group Australia ADR Service do not have to pay a membership or arrangement fee to the Australian Commercial Disputes Centre. Mediation fees will be quoted, on request, by the Australian Commercial Disputes Centre help desk (tel. +61 2 9267 1000, fax +61 2 9267 3125).
  2. Mediation (sometimes described as conciliation) is non-binding in that there is no commitment to settle and the mediator has no power to impose a solution. However, when an agreement is reached it may be documented and signed by the parties. This will create an enforceable contract at the option of the parties, which can be used in Court. Australian Commercial Disputes Centre is an independent non-profit making body.

.com, .net Domain Name Registration Agreement

  1. AGREEMENT.In this registration agreement (Agreement)you and your refer to each customer, weus and our refer to the Registrar (as defined in clause 30 below). This Agreement explains our obligations to you, and explains your obligations to us for your .com or .net domain name registration (Services).
  2. SELECTION OF A DOMAIN NAME.You represent and warrant that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party and that the domain name is not being registered for any unlawful purpose.
  3. FEES.As consideration for the services you have selected, you agree to pay to us the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process, and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (Account Information). You, by completing and submitting this Agreement, represent that the statements in your application are true.
  4. TERM.You agree that this Agreement will remain in full force during the length of the term of your domain name registration as selected, recorded, and paid for upon registration (or renewal) of the domain name (Domain Name Registration). Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then the term of this Agreement will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred to another registrar, other than in respect of clauses 3, 12, 13 and 17 which shall survive termination or expiration of this Agreement, the terms and conditions of this Agreement shall cease and shall be replaced by the contractual terms of the new registrar.
  5. MODIFICATIONS TO AGREEMENT.You agree, during the period of this Agreement, that we may:

(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement.

Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this Agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this Agreement, or immediately transfer your domain name to another registrar. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes. You further agree to abide by the ICANN Uniform Dispute Resolution Policy (Dispute Policy) as amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.

  1. MODIFICATIONS TO YOUR ACCOUNT.In order to change any of your account information with us, you must use your account identifier and password that you selected when you opened your account with us. Please safeguard your account identifier and password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account identifier or password. You are solely liable for any activity that occurs through the use of your account identifier and password.
  2. DOMAIN NAME DISPUTE POLICY.If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy, which is incorporated herein (see below) and made a part of this Agreement by reference. The current version of the Dispute Policy may be found atwww.icann.org/udrp/udrp.htm. Please take the time to familiarize yourself with this policy.
  3. DOMAIN NAME DISPUTES.You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts located in the Governing Jurisdiction (as defined in clause 30 below).
  4. ICANN POLICY.You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any Registrar or Registry procedure (which are consistent with an ICANN-adopted policy):

(1) to correct mistakes by Registrar or the Registry in registering the name; and/or
(2) for the resolution of disputes concerning the domain name.

  1. AGENCY.Should you intend to license use of a domain name to a third party, you shall nonetheless be the registrant / holder of record of the domain name and are therefore responsible for providing your 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 domain name. You shall accept liability for harm caused by wrongful use of the domain name, however such liability may be limited through the prompt disclosure of the identity of such third party licensee to the party who has provided reasonable evidence of actionable harm or made the allegation. You shall also remain liable for the use of that domain name by any such third party, notwithstanding any agreements between yourself and such third party / parties. You represent that you have provided notice of the terms and conditions in this Agreement to any such third party and that the third party agrees to the terms of this Agreement in full (including without limitation, clauses 18 (Information) and 19 (Disclosure and Use of Registration Information) below).
  2. ANNOUNCEMENTS.We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
  3. LIMITATION OF LIABILITY.You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Services. We, and our contractors, shall not be liable for any direct, indirect, incidental, special or consequential damages (including without limitation any loss of profits) resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services or otherwise, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages or liability. Because some countries and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries and jurisdictions, our liability is limited to the maximum extent permitted by law. Subject always to the previous sentence, we will not be responsible for or accept any loss or liability suffered by any party resulting from, but not limited to,: (1) access delays or access interruptions to the Services or our systems; (2) data non-delivery or data mis-delivery; (3) acts of God (or force majeure); (4) the unauthorized use or misuse of your account identifier or password; (5) errors, omissions, or misstatements in any and all information or Services provided under this Agreement; (6) the interruption of your Services or your business; and/or (7) loss of registration and/or use of your domain name, . To the maximum extent permitted by law, in no event shall our maximum liability exceed five hundred ($500.00) dollars.

IMPORTANT NOTE:

In the event that this Agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the goods and you where to do so is unlawful.

Where legislation implies into this Agreement any term or warranty that cannot lawfully be excluded, that term or warranty is included but our liability in respect of a breach of that term or warranty is, where permitted by such legislation, limited at our option to any one or more of the following:

(a) if the breach relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; and

(b) if the breach relates to services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

  1. INDEMNITY.You agree to release, indemnify, and hold each of us, and Verisign, Inc., and each of their respective contractors, agents, employees, officers, directors and affiliates harmless from all claims, liabilities, damages, loss (whether direct or indirect), costs and expenses (including reasonable legal fees and expenses) arising out of or relating to arising out of or relating to your domain name, domain name registration, renewal or pre-registration, or to your use of the domain name. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.
  2. TRANSFER OF OWNERSHIP.The person named as administrative contact at the time the controlling user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (theTransferee) you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determined by us in our sole discretion) to the terms and conditions in this Agreement, any such attempted transfer will be null and void.
  3. BREACH.You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement or have remedied the breach identified to you, then we may terminate this Agreement and delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other, breach by you.
  4. NO GUARANTEE.You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name. Further, you agree that neither a pre-registration application nor a registration of a domain name grants any legal rights of ownership of the relevant domain name.
  5. DISCLAIMER OF WARRANTIES.You agree that your use of our Services is solely at your own risk. You agree that such Services are provided on an “as is,” “as available” basis. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
  6. INFORMATION.As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: (1) your name and postal address (or, if different, that of the domain name holder); (2) the domain name being registered; (3) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name; and (4) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name. Any other information which we request from you in your registration application is voluntary. Any voluntary information we request may be collected so that we can continue to improve the products and services offered to you.
  7. DISCLOSURE AND USE OF REGISTRATION INFORMATION.You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the Registry administrators, and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and the applicable laws. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us. You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us. We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
  8. REVOCATION.Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the Domain Name Registration.
  9. RIGHT OF REFUSAL.We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services.
  10. SEVERABILITY.You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
  11. NON-AGENCY.Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
  12. NON-WAIVER.Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
  13. NOTICES.Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail notification to us atsupport@NPA Media Group Australia.net or, in the case of notice to you, at the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us shall be sent to:

Support Department
NPA Media Group Australia Pty Ltd
PO Box 270 Broadway
NSW 2007 Australia

and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.

  1. ENTIRETY.You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
  2. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE GOVERNING JURISDICTION (AS DEFINED BELOW). ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE COURTS OF THE GOVERNING JURISDICTION AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.Where the Governing Jurisdiction is Ontario, Canada, the rules governing choice of laws shall not be referred to.
  3. INFANCY.You attest that you are of legal age to enter into this Agreement.
  4. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICES AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
  5. DEFINITIONS.

Governing Jurisdiction means: (a) Ontario, Canada, where your Registrar is Tucows Domains, Inc.; or (b) New South Wales, Australia, where your Registrar is either (i) NPA Media Group Australia Pty Ltd; (ii) PlanetDomain Pty Ltd; (iii) TPP Domains Pty Ltd; or (iv) TPP Wholesale Pty Ltd.

Registrar means the Registry accredited entity your domain name is registered with, being either: (a) Tucows Domains, Inc.; (b) NPA Media Group Australia Pty Ltd; (c) PlanetDomain Pty Ltd; (d) TPP Domains Pty Ltd (trading as TPP Internet); or (e) TPP Wholesale Pty Ltd, as can be determined by performing a WHOIS record search on your domain name at http://www.NPA Media Group Australia.com.au/domain-names/whois/ and reviewing the entity specified as the “Registrar ID” and/or “Registrar Name” (or “Sponsoring Registrar”). Where the Registry accredited entity your domain name is registered with is not NPA Media Group Australia Pty Ltd, any reference to “Registrar” (including “we”, “us” and “our”) in clauses 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 23, 24 and 25 of this Agreement shall also be deemed a separate reference to NPA Media Group Australia Pty Ltd.

Registry means Verisign, Inc.

UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY (UDRP)

  1. Purpose.This Uniform Domain Name Dispute Resolution Policy (thePolicy) has been adopted by the Internet Corporation for Assigned Names and Numbers (ICANN), is incorporated by reference into your registration agreement with your registrar of record (Registration Agreement), and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the Registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the Rules of Procedure), which are available at www.icann.org/udrp/udrp.htm, and the selected administrative-dispute-resolution service provider’s supplemental rules.
  2. Your Representations.By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.
  3. Cancellations, Transfers, and Changes.We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances: (a) subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action; (b) our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or (c) our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN (see Paragraph 4(i) and (k) below.) We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
  4. Mandatory Administrative Proceeding.This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed atwww.icann.org/udrp/approved-providers.htm (each, a Provider).

(a) Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a complainant) asserts to the applicable Provider, in compliance with the Rules of Procedure, that:

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three elements are present.

(b) Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

(c) How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

(iii) you are making a legitimate non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

(d) Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).

(e) Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the Administrative Panel).

(f) Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

(g) Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panellists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.

(h) Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.

(i) Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.

(j) Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

(k) Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be cancelled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel’s decision, and we will take no further action, until we receive:

(i) evidence satisfactory to us of a resolution between the parties;

(ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or

(iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

  1. All Other Disputes and Litigation.All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
  2. Our Involvement in Disputes.We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend ourselves.
  3. Maintaining the Status Quo.We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
  4. Transfers During a Dispute.

(a) Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder

(i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or

(ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

(b) Changing registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

  1. Policy Modifications.We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

.biz, .org, .info Domain Name Registration Agreement

  1. AGREEMENT. In this registration agreement (Agreement)youand your refer to the registrant of each domain name registration, and weus and our refer to the Registrar (as defined in clause 28 below). This Agreement explains our obligations to you, and explains your obligations to us for your .biz, .org or .info domain name registration (Services).
  2. SELECTION OF A DOMAIN NAME. You represent and warrant that:

(i) the data provided in the domain name registration application is true, correct, up to date and complete,

(ii) to the best of your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;

(iii) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever

(iv) the registered domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use, or (b) 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;

(v) you have the authority to enter into this Agreement; and

(vi) the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.

  1. FEES. As consideration for the Services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (Account Information). By submitting this Agreement, you represent that the statements in your Application are true, complete and accurate.
  2. TERM. This Agreement shall remain in full force during the length of the term of your domain name registration(s) as selected, recorded, and paid for upon registration (or renewal) of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Agreement shall be extended accordingly. Should the domain name be transferred to another registrar, other than in respect of clauses 3, 11, 12 and 15 which shall survive termination or expiration of this Agreement, the terms and conditions of this Agreement shall cease and shall be replaced by the contractual terms of the new registrar.
  3. MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. You agree to be bound by any such revision or change will which shall be effective immediately upon posting on our web site or upon notification to you by e-mail or your country’s postal service pursuant to the Notices section of this Agreement. You agree to review this Agreement as posted on our web site periodically to maintain an awareness of any and all such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or postal service pursuant to the Notices section of this Agreement, or immediately transfer your domain name to another registrar. Notice of your termination shall be effective after processing by us. You agree that, by continuing the use of Services following notice of any revision to this Agreement or change in service(s), you shall be bound by any such revisions and changes. You further agree to be bound by the ICANN Uniform Dispute Resolution Policy (Dispute Policy) as presently written and posted onhttp://www.icann.org/urdp/udrp.htmand as shall be amended from time to time. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.
  4. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your account identifier and password that you selected when you opened your account with us. You agree to safeguard your account identifier and password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your account identifier or password. You are solely liable for any activity that occurs through the use of your account identifier and password.
  5. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found athttp://www.icann.org/udrp/udrp.htm. Please take the time to familiarize yourself with this policy.
  6. DOMAIN NAME DISPUTES. You acknowledge having 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:

(i) The Uniform Domain Name Dispute Resolution Policy (Dispute Policy), available at http://www.icann.org/udrp/udrp.htm; and

(ii) The Restrictions Dispute Resolution Criteria and Rules (RDRP), available at http://www.icann.org/resources/pages/rdrp-2012-02-25-en; (collectively, Dispute Policies).

The UDRP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz, .org or .info domain name with any third party (other than registry administrator or registrar) over the registration or the use of a .biz, .org or .info domain name registered by that 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 the Registry (or its administrator). The Registry 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.

  1. POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Registrar, Registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure (consistent with any ICANN or government-adopted policy), (1) to correct mistakes by us or the applicable Registry in registering the name and/or (2) for the resolution of disputes concerning the domain name.
  2. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your 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 domain name. You shall accept liability for harm caused by wrongful use of the domain name, however such liability may be limited through the prompt disclosure of the identity of such third party licensee to the party who has provided reasonable evidence of actionable harm or made the allegation. You shall also remain liable for the use of that domain name by any such third party, notwithstanding any agreements between yourself and such third party / parties. You represent that you have provided notice of the terms and conditions in this Agreement to a third party licensee and that the third party agrees to the terms of this Agreement in full (including without limitation, clauses 16 (Information) and 17 (Disclosure and Use Of Registration Information) below).
  3. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Services. Neither we nor our contractors or third party beneficiaries shall be liable for any direct, indirect, incidental, special or consequential damages (including without limitation any loss of profits) resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services or otherwise, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages or liability. Because some countries and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries and jurisdictions, our liability is limited to the maximum extent permitted by law. Subject always to the previous sentence, we will not be responsible for or accept any loss or liability suffered by any party resulting from, but not limited to: (1) access delays or access interruptions to the Services or our systems; (2) data non-delivery or data miss-delivery; (3) acts of God (or force majeure); (4) the unauthorized use or misuse of your account identifier or password; (5) errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) the interruption of your Services or your business; and/or (7) loss of registration and/or use of your domain name. In no event shall our maximum liability exceed five hundred ($500.00) dollars.

IMPORTANT NOTE:

In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful.

Where legislation implies into this Agreement any term or warranty that cannot lawfully be excluded, that term or warranty is included but our liability in respect of a breach of that term or warranty is, where permitted by such legislation, limited at our option to any one or more of the following:

(a) if the breach relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; and

(b) if the breach relates to services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

  1. INDEMNITY. You agree to release, indemnify, and hold each of us, the Registry and each of their respective contractors, agents, employees, officers, directors, affiliates and third party beneficiaries harmless from all claims, liabilities, damages (whether direct or indirect), costs and expenses (including reasonable legal fees and expenses) arising out of or relating to your domain name, domain name registration, renewal or pre-registration, or to your use of the domain name. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances shall be a breach of your Agreement and may result in deactivation of your domain name. This indemnification obligation will survive the termination or expiration of this agreement.
  2. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement or have remedied the breach identified to you, then we may terminate this Agreement and delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
  3. NO GUARANTEE. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to either the registration, reservation, or use of the domain name. Further, you agree that neither a pre-registration application nor a registration of a domain name grants any legal rights of ownership of the relevant domain name.
  4. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Services are provided on an “as is,” “as available” basis. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
  5. INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:

(i) Your name and postal address (or, if different, that of the domain name holder);

(ii) The domain name being registered;

(iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;

(iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.

Any other information, which we request from you in your registration application is voluntary. Any voluntary information we request may be collected for the purpose of improving the products and services offered to you by us.

  1. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and applicable laws.

You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.

You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us.

We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

  1. REVOCATION. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration.
  2. RIGHT OF REFUSAL. We, and/or Registry, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services. We reserve the right to delete or transfer your domain name following registration if we believe the registration has been made possible by a mistake, made either by us or by a third party. We also reserve the right to suspend a domain name during resolution of a dispute.
  3. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
  4. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policies shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
  5. NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
  6. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via postal service. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail, notifications must be sent to us atsupport@NPA Media Group Australia.net, or in the case of notification to you, to the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us shall be sent to:

Support Department
NPA Media Group Australia Pty Ltd
PO Box 270 Broadway
NSW 2007 Australia

and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.

  1. ENTIRETY. You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
  2. GOVERNING LAW. This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Governing Jurisdiction (as defined below). Any action relating to this Agreement must be brought in the courts of the Governing Jurisdiction and you irrevocably consent to the jurisdiction of such courts. Where the Governing Jurisdiction is Ontario, Canada, the rules governing choice of laws shall not be referred to.
  3. INFANCY. You attest that you are of legal age to enter into this Agreement.
  4. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICES AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
  5. DEFINITIONS.

Governing Jurisdiction means: (a) Ontario, Canada, where your Registrar is Tucows Domains, Inc.; or (b) New South Wales, Australia, where your Registrar is either (i) NPA Media Group Australia Pty Ltd; (ii) PlanetDomain Pty Ltd; (iii) TPP Domains Pty Ltd; or (iv) TPP Wholesale Pty Ltd.

Registrar means the Registry accredited entity your domain name is registered with, being either: (a) Tucows Domains, Inc.; (b) NPA Media Group Australia Pty Ltd; (c) PlanetDomain Pty Ltd; (d) TPP Domains Pty Ltd (trading as TPP Internet); or (e) TPP Wholesale Pty Ltd, as can be determined by performing a WHOIS record search on your domain name at https://ausregistry.com.au/whois and reviewing the entity specified as the “Registrar ID” and/or “Registrar Name” (or “Sponsoring Registrar”). Where the Registry accredited entity your domain name is registered with is not NPA Media Group Australia Pty Ltd, any reference to “Registrar” (including “we”, “us” and “our”) in clauses 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 21, 22 and 23 of this Agreement shall also be deemed a separate reference to NPA Media Group Australia Pty Ltd.

Registry means (i) Afilias Limited for .info domain names, (ii) Public Interest Registry for .org domain names, and (iii) Neustar, Inc. for .biz domain names.

Our Policies

Updated November 2016

Acceptable Use Policy

This is NPA Media Group Australia’s Acceptable Use Policy (“AUP“). It applies to you if you have obtained Services from NPA Media Group Australia. From time to time we will make amendments to it by giving you notice of the change and you will then be obliged to comply with the policy as amended. If you continue to use the services after publication of any change, it will constitute your acceptance of the amended terms.

You are responsible for ensure that you and any other user of your account should be aware of this AUP and comply with this AUP at all times.

  1. Unacceptable Uses

Breach of Law

1.1 You must not use our Services, attempt to use the Services or allow the Services to be used for any acts which may or do in fact result in a breach of a law (including the Broadcasting Services Act), order or regulation (including a foreign law, order or regulation). These include:

  1. Actual or possible damage to property or injury to any person, including harassment, menace or stalking of a person;
  2. Publishing, downloading or transmitting any Prohibited Content or Potentially Prohibited Content. This includes content which is or would be classified RC, X18+ or R18+ by the Classification Board.
  3. Publishing, downloading or transmitting Restricted Content, that is content that is likely to be considered unsuitable for minors without using appropriate warnings and/or labelling systems for that content;
  4. Publishing or transmitting material which incites discrimination, hate or violence towards one person or group because of their race, religion, gender or nationality; or which is obscene or defamatory, or which would be considered by a reasonable person to be, offensive or abusive;
  5. To engage in any misleading or deceptive business or marketing practice;
  6. Providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;
  7. Infringement on the rights of a third party including intellectual property rights and moral rights.

Impeding our Services

  1. 2 You should not use our Services in such a way that impedes our supply of services to other customers including:
  2. making or receiving transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers;
  3. undertake acts that waste resources or prevent other users from receiving the full benefit of our services;
  4. manipulating or bypassing our content usage limits;
  5. undertake activities which cause or may cause third party service providers to place NPA Media Group Australia’s IP addresses on a blacklist and/or block those IP addresses;
  6. soliciting subscribers to become subscribers of other competitive services.

Spam and Malware

1.3 You must not use our Services, attempt to use our Services or allow our Services to be used for spamming or malware including:

  1. send email to a recipient after the recipient has unsubscribed from your mailing list or has advised you by other means that they do not wish to be on the mailing list;
  2. providing a capability on a site which permits third parties to send spam;
  3. In connection with any program (including a virus, Trojan horse, worm, cancelbot, timebomb) or activity (including a denial of service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data;
  4. To access or use systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;
  5. To create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you.

1.4 You agree to NPA Media Group Australia’s use of spam and virus filters which may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that you will not take any steps to disable those filters and that we will not be liable for any loss or damage resulting from the use of spam or virus filters.

  1. Complaint Procedure

2.1 From time to time, we receive complaints from third parties regarding unacceptable uses, allegedly being conducted by customers or their users. We will make reasonable endeavours to resolve such complaints by working with customers. The complaint process set out here does not apply to complaints the subject of court order or proceedings, or where we reasonably believe that we must take urgent action without reference to the customer.

2.2 If we are unable to resolve the complaint by working with customers, our policy is to put the complaining party in direct contact with the party best able to answer the complaint. Accordingly, you authorise and direct us to provide to third party complainants your email contact details for the purposes of resolving such disputes.

  1. What We May Do to Ensure That This Policy is Being Followed

3.1 We may monitor your account to determine our AUP is being followed but will respect your privacy.

3.2 If we believe that your use of the Service may break the law or that you have not complied with this policy we may:

  1. warn you by email (but we are not obliged to do so);
  2. suspend your access to the Service;
  3. terminate your account without notice; and/or
  4. notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

3.3 We may, at our absolute discretion and without notice to you, suspend or terminate your access to the Service:

  1. where we are made aware that a court order, judgment, decree, determination or otherwise has been made to the effect that the customer data is illegal, offensive, objectionable or in breach of a third party’s rights;
  2. if we are directed to do so by ACMA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended);
  3. if we are served with a takedown notice in accordance with part 3A of the Copyright Regulations 1969 (as amended).

3.4 You agree that you will have no claim against us in respect of any action reasonably taken in our implementation of the terms of this AUP, and you indemnify us against any claim by your end user arising out of our actions.

Privacy Policy

NPA Media Group Australia respects your privacy and is committed to its protection. We are bound by the Australian Privacy Principals of the Privacy Act 1988(Cth).

This privacy policy explains why and when we collect your personal information, and what use we make of that information. The policy also explains where and why your information may be disclosed to third parties, and the security measures used by NPA Media Group Australia to help protect your personal information.

Why and when NPA Media Group Australia collects your information

NPA Media Group Australia collects the information you give us either online or by email, post, facsimile, face to face, over the phone or through our partners. In most cases, the personal information NPA Media Group Australia will collect from you is the personal information required in order to provide services to you, and also for ongoing management and support of those services. This information may include your full name, mailing address, phone number, email address, ABN, facsimile number and other relevant additional details. We also collect your payment details such as your credit card number or bank account details.

NPA Media Group Australia makes limited use of cookies and web storage on this website. A cookie is a small message given to your web browser (on the device you are using) by our web server in order to store information about user preferences. We also use cookies to track your interaction with our website, personalise your experience on our website and provide information on our product offerings through content networks across the internet (such as tailored advertising to you). HTML5 web storage is similar to a cookie, but allows enhanced functionality and capability of data storing and use when you utilise our website. You always have the option to disable cookies and/or HTML5 web storage by turning them off in your browser but you may find that this reduces the functionality of our website. Additionally, you can install a browser add-on  which will limit this tracking functionality and opt-out of tailored advertising programs.

 

How NPA Media Group Australia uses your information

We collect and use your personal information to deliver our services to you. This will include provision to you of sales and technical support, billing and credit control, renewal notices, maintenance notices, system changes and other functions relevant to your services with us.

As a domain name registrar, we are required by ICANN (the Internet Corporation for Assigned Names and Numbers) to make available the personal information we collect from you when you apply to register any generic top level domain names (eg., com, net, org, biz, info and name) to the public on a publicly accessible database known as the WHOIS database. This obligation also applies to some of the country code top level domains including the .au domains.

The public policy behind this requirement is that the personal details of domain name licence holders should be freely available to all other users of the Internet. This public policy is adopted by the domain name industry as a whole. The requirement means, however, that NPA Media Group Australia will not be able to control how members of the public may use the information made available on these publicly accessible databases.

In addition, ICANN has another mandatory requirement that all its accredited registrars make the WHOIS database of personal information for com, net and org available for bulk downloads by third parties who have entered into a bulk access agreement with NPA Media Group Australia.

We may use your information to measure your experiences of our products/services/website, improve or develop our products/services/website, perform research and analysis, and contact you for marketing purposes (including but not limited to new products, services, promotions, give-aways, via email, telephone and SMS). If you do not wish to receive any marketing communications from NPA Media Group Australia, you may opt-out and stop the delivery of future promotional material from NPA Media Group Australia by following the special instructions in the email you receive or manage your communication preferences. These instructions will tell you how to remove your name from our promotional list.

We may monitor telephone conversations with you in order to facilitate staff training and to maintain our high levels of customer service. We will always inform you prior to any telephone conversation which is monitored in this way to obtain your prior approval.

Where you purchase a digital certificate through us, we are required by the provider of those certificates to collect personal information from you to pass back to that provider (other than your payment details, which we hold internally).

Disclosure of your information to third parties

NPA Media Group Australia is part of a wider group of companies which has offices in Melbourne, Sydney and Brisbane, as well as international subsidiary company offices operating in New Zealand and the USA. Any information which you supply to NPA Media Group Australia or any of its related corporations will be shared within the internal company group to facilitate our provision of products and services to you. Each of our international subsidiary companies is committed to protecting your personal information.

We may supply your personal information to third parties to perform services on our behalf, such as:

  • the distribution of Nett Magazine to you (except where you have chosen to opt out of receiving this magazine);
  • the supply of web hosting, website design, SEO and other services;
  • call centre sales and support services (provider in the Philippines).

Our relationships with such third party service providers are governed by our contracts with them. Those service contracts contain privacy and confidentiality provisions which are consistent with the Australian Privacy Law obligations.

Accuracy / Access

You may access and update the personal information we provide to the registries in respect of your domain name licence at any time.

If you believe that NPA Media Group Australia may hold other personal information about you that is inaccurate, or you wish to change or update any of the personal information you have provided, please email our Privacy Officer at info@npa-media.com.au

Security

The transfer of information across any media may involve a certain degree of risk, and the Internet is no different. However, helping you to keep your information secure is very important to NPA Media Group Australia.

At NPA Media Group Australia we treat your data with the utmost security and use a range of technologies and policies including firewalls and access controls and restrictions to ensure that your data is secured not only from access and visibility but also from unauthorised alteration or erasure.

You can also use simple precautions to help protect your security, such as protecting against the unauthorised use of your username or password or other authentication ID.

Changes

NPA Media Group Australia may make changes to its privacy policy from time to time. You should check our privacy policy from time to time to see if we have made any changes to it.

Refunds Policy

Domain Name Registrations

Once a domain registration has been completed, no refund is available for any reason.

Domain Name Services

Extra services like URL Forwarding and DNS Hosting are refundable in full if requested by email within 30 days of purchase.

Web Hosting

Setup fees paid by the customer to provision service(s) will be non-refundable.

Web hosting fees, excluding any setup fees, are refundable if requested by email within the first 14 days or ordering a new service. This refundable period does not apply for hosting renewals.

Customers will not be entitled to a refund if they are found to have breached NPA Media Group Australia’s Terms and Conditions.

SSL Certificates

If you cannot complete the certificate order process for any reason, you can have your fees refunded in full. Once an SSL certificate has been issued, no refund is available for any reason.

Web Design Service

Fees paid for web design are fully refundable up to the point where the design work begins. This is generally once we have collected all the relevant information and images from you. Once the design work begins, the design fees are no longer refundable. The hosting fees charged are refundable for up to 14 days from the date of the order.

Print

Once works have been approved for print no refunds will be made available on design and print works. (Any errors made on behalf of NPA Media Group Australia that have been approved will also no be refundable)

Warranties

Updated October 2016

Web Site & Graphics Design

WARRANTIES AND REPRESENTATIONS

1.1 By Client. Client represents, warrants and covenants to Designer that

(a) Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Content,

(b) to the best of Client’s knowledge, the Client Content does not infringe the rights of any third party, and use of the Client Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties,

(c) Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and

(d) Client shall comply with all laws and regulations as they relate to the Services and Deliverables.

1.2 By Designer

(a) Designer hereby represents, warrants and covenants to Client that Designer will provide the Services identified in the Agreement in a professional and workmanlike manner and in accordance with all reasonable professional standards for such services.

(b) Designer further represents, warrants and covenants to Client that

(i) Except for Third Party Materials and Client Content, the Final Deliverables shall be the original work of Designer and/or its independent contractors,

(ii) in the event that the Final Deliverables include the work of independent contractors commissioned for the Project by Designer, Designer shall have secure agreements from such contractors granting all necessary rights, title, and interest in and to the Final Deliverables sufficient for Designer to grant the intellectual property rights provided in this Agreement, and

(iii) to the best of Designer’s knowledge, the Final Art provided by Designer and Designer’s subcontractors does not infringe the rights of any party, and use of same in connection with the Project will not violate the rights of any third parties. In the event

Client or third parties modify or otherwise use the Deliverables outside of the scope or for any purpose not identified in the Proposal or this Agreement or contrary to the terms and conditions noted herein, all representations and warranties of Designer shall be void.

(c) EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, DESIGNER MAKES NO WARRANTIES WHATSOEVER. DESIGNER EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT.

After Market Support

NPA Media Group Australia Supplies 6 Months free support on all website design packages. additional Support services are charged on an hourly support rate of $180AUD per hour with a min 1 hour support block.

Hosting, Email Hosting, DNS Hosting

1.1 If you are not the customer, you warrant that you have the power and authority to enter into this Contract on behalf of the customer and will indemnify us for any breach of the Contract by the customer.

1.2 We do not warrant that the Services will be uninterrupted, timely, secure or error free, or that they will be free from hackers, virus, denial of service attack or other persons having unauthorised access to our services or those of our suppliers.

1.3 You agree that we may be required to perform maintenance in respect of our systems to ensure their satisfactory operation which may affect the availability or functioning of the Services. We will use reasonable endeavours to provide you with advance notice of any maintenance downtime, except when circumstances beyond our reasonable control prevent us from doing so.

1.4 All terms and warranties which might otherwise be implied by any legislation, the common law, equity, trade, custom or usage or otherwise in to the Contract, are expressly excluded to the maximum extent permitted by law.

1.5 If any goods or services supplied pursuant to this agreement are supplied to you as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation (“the Acts”), you will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which is so conferred by the Acts. However, if the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, we limit our liability to:

  1. in relation to goods – the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or, the repair of the goods or payment of the cost of having the goods repaired;
  2. in relation to services – the supplying of the services again; or the payment of the cost of having the services supplied again as in each case we may elect.

© 2017 NPA Media Group Australia 18 685 025 546

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