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Terms and Conditions for New Zealand .nz Domains
Terms and Conditions governing the provision of services by Crazy Domains
All domain name registrations, renewals and other domain name
maintenance services provided by Crazy Domains are governed
by the following terms and conditions. You must agree to these
terms and conditions when registering a .nz domain name through
Crazy Domains. Any conflict between the .nz terms and conditions
and any other terms which might apply, the .nz terms take precedence.
- The Crazy Domains Obligations
We agree that we will:
1.1 comply with all .nz policies and accurately represent
these to you;
1.2 disclose accurately and completely all our terms and conditions
associated with your use of our services to register and maintain
a domain name sought to be used by you, including price and
billing information;
1.3 comply with your lawful directions in a diligent and timely
manner regarding your .nz domain name, (for example, registration,
cancellation, amendment, deletion, and associated technical
support and billing);
1.4 process any new .nz domain name registrations with the
registry within 1 hour from the time we receive all the information
required to complete a registration if it is within our advertised
business hours of 9 am.- 6 pm Monday-Friday WST, and otherwise
within 2 hours;
1.5 notify you of the registration of your domain name(s),
including the details of: the domain name, your contact details,
our contact details, the registration period, the unique authentication
ID for your domain name and your obligations as a registrant;
1.6 where requested:
arrange for correction of any error in the information in
the register about any domain name registered in your name;
and - provided that such request is made within 5 days of
the registration of a domain name by you, correct any error
made by you in the domain name itself or cancel the domain
name's registration;
1.7 provide to you, or to someone we reasonably believe to
be acting on your behalf, the unique authentication ID for
your domain name when requested and for no charge;
1.8 use your personal information only as authorised by you;
1.9 take all reasonable steps to safeguard and protect all
information about you stored in our databases and system(s);
1.10 comply with any order of any authority having jurisdiction
regarding any domain name registered to you; and
1.11 use our reasonable endeavours to deal with any complaints
you may have about the services we provide for you.
- The Registrant's Obligations
You agree that you will:
2.1 comply with all .nz policies. You agree that you have
read and understood the current .nz policies and warrant that
your application for a domain name or request for other services
pursuant to this agreement does not breach any .nz policy.
You acknowledge that we have no control over any requirements
that may be imposed by the .nz policies and that the applicable
New Zealand policy setting bodies may change the .nz policies
from time to time without consulting either of us and that
you shall be bound by any such changes;
2.2 make sure all information you give us is true, accurate
and complete, keep us informed of changes to any information
you give us, and that you have the authority to enter into
this agreement. You acknowledge that we may decline or be
unable to register or renew a domain name, cancel a currently
registered domain name or decline to provide you with other
services where the information provided by you is incomplete,
incorrect or otherwise unacceptable to us.
You further acknowledge that:
- any spelling or other mistakes with a domain name cannot
be amended unless brought to our attention within 5 days
of the domain names registration;
- outside this 5 day period changes to the details relating
to a domain name may be changed but not the domain name
itself; and
- we shall not be liable to refund any fees paid by you
in respect of any domain name registered with any spelling
or other mistakes;
2.3 keep the unique authentication ID for your domain name
and any other security information that we give to you confidential,
safe and secure;
2.4 satisfy yourself that your use of a domain name will not
infringe anybody's intellectual property rights and protect
us, and everybody we are in any business relationship with
to provide services to you, from any such claim;
2.5 ensure that you only use our services for a lawful purpose;
2.6 ensure that the use of any domain name registered to you
does not interfere with other users of the Internet;
2.7 ensure that any order of any authority having jurisdiction
regarding any domain name registered to you is complied with;
2.8 protect us, and everybody we have a business relationship
with, against any legal action taken against us because of
the receipt or use of our services by you or someone you are
responsible for, including reliance by us or anybody we have
a business relationship with, on information supplied by you.
Duties of Other Persons
2.9 You agree to make sure everyone you are responsible for
or who uses a domain name registered to you also meets the
above duties.
- Registration of a Domain Name
When a domain name in the .nz domain name space is registered
to you, or in your name as directed by you, then you agree:
3.1 that the following information becomes available to any
member of the public:
- your name,
- your contact details and
- the domain name, its commencement and expiry dates and
addresses/details of the name servers for it, and our
name.
3.2 the domain name is registered in your name only because
no other person has it according to the records of the register;
and
3.3 neither we nor anybody else is representing anything else
to anybody regarding that domain name. The entry of a domain
name in the "who is" database shall not be taken
as evidence of anything other than such registration; and
3.4 that you protect us and everybody we have a business relationship
with to provide services to you, from any claim arising out
of the domain name being registered in your name or as you
direct.
- Register is the Record
For all purposes the details shown in the register shall be
treated as correct and the authoritative record.
- Payment of Fees
5.1 You agree to pay for the services we provide for you.
5.2 If you transfer a domain name registered to you to another
registrant or to be managed by another registrar, all charges
owing to us shall become immediately due and payable on the
date of that transfer.
5.3 We may alter our fees from time to time or institute new
fees at any time, for any reason, at our sole discretion.
When we alter them we will send you notice of the alteration
30 days before the new fee takes effect.
5.4 Our usual fees are for domain name registration and renewal.
We may also charge for any other services provided to you
by us, including any programming or configuration requirements
outside of the scope of standard registration, change of reference
to registrants. We will tell you before any additional charge
is incurred.
5.5 Our prices are stated in Australian dollars and include
GST.
5.6 If you do not pay our charges for a domain name that we
register or renew for you we may refer any such amounts owed
by you to a debt collection agency and you shall be responsible
for payment of all charges that may be incurred in the recovery
of such unpaid amounts; and
5.7 We may at our discretion charge you interest on all overdue
amounts at the rate of 18% per annum, compounding daily.
5.8 All fees are non-refundable, in whole or in part, even
if your domain name registration is suspended, cancelled or
transferred prior to the end of your then current registration
term.
5.9 Your domain name application, renewal application, or
registrar transfer request will not be submitted to the registry
unless we receive actual payment of the registration, renewal,
or transfer fee, or reasonable assurance of payment of the
registration, renewal, or transfer fee from some other entity
(such reasonable assurance as determined by Crazy Domains
in its sole discretion). In any case, we may in our sole discretion
register or renew a domain name for a period less than that
for which you may have applied pending receipt of cleared
funds from you for such services. Subsequent to the receipt
of cleared funds we will amend the register so that the registration
or renewal is for the full term.
5.11 The administrative contact for any domain name you register
will be notified by e-mail 90 days, 60 days, 30 days and 7
days before a renewal fee is due. The renewal notification
will contain a link to a payment page where your domain name
can be renewed. Failure to renew a domain name you have registered
will result in the domain name being cancelled. This will
cause any email and website hosting services for that domain
name to cease operating.
5.12 Cancelled domain names will be held for a period of 90
days. During this 90 day period you can reinstate the domain
name by paying any outstanding renewal fees. If you do not
reinstate a cancelled domain name within the 90 period then
the domain name will be returned to the pool of available
names for public registration.
- Suspension And Refusal To Supply Services
If you do not pay our charges for a domain name registered
to you we may:
- cancel registration of that domain name; or
- change the delegation associated with that domain name
to prevent it being visible in the DNS; or
- refuse to provide a service you request.
- Cancellation of a Domain Name
If we are going to cancel the registration of a domain name
registered to you as a result of you not paying our charges
relating to that registration, we will give you fourteen days
notice before we initiate action to cancel that domain name.
If we are going to cancel the registration of a domain name
registered to you because the information provided by you
is incomplete, incorrect or otherwise unacceptable to us,
we will give you fourteen days notice before we initiate action
to cancel that domain name, except where doing so would result
in Crazy Domains incurring additional charges from third parties,
in which case Crazy Domains shall be entitled to cancel the
registration of the domain name prior to incurring such charges.
- Exclusion of Liability
To the extent permitted by law we exclude all liability, (including
without limitation, any liability for direct, indirect or
consequential loss or damage that may arise from any breach
or failure by Crazy Domains to perform its obligations under
this agreement or any negligent acts of Crazy Domains) we
may have to you for any claim except where we have acted in
bad faith.
This exclusion also applies for the benefit of:
8.1 InternetNZ, the registry and any other entity we are in
any business relationship with;
8.2 every officer, employee, contractor, agent of us or any
entity in clause 8.1; and
8.3 anyone else we get to perform our duties under any agreement
you have with us.
None of the persons specified above is liable or has to pay
you for anything else in connection with or resulting from
anything any of us does or does not do, or delays in doing,
whether or not it is contemplated or authorised by any agreement
you have with us. This exclusion applies whatever you are
claiming for and in whatever way liability might arise. This
exclusion does not prevent you getting a court order requiring
us to do anything we have agreed to do for you and does not
limit any rights you may have under the Consumer Guarantees
Act 1993.
- Limitation of our Liability
We have excluded all other liability we or any of the persons
specified in clause 8 may have to you. If any of those persons
is ever liable to you and, for any reason, cannot rely on
the exclusion of liability set out in clause 8 then this clause
applies. Where this clause applies, the maximum combined amount
the persons specified above (together) will have to pay you
and anyone else who uses the services we provide for you (together)
is the total amount of the fees incurred by you during the
last calendar month in which fees were incurred by you under
this agreement.
- Law and Jurisdiction Applying to this Agreement
Unless we otherwise agree in writing, this agreement contains
all the terms of our relationship and continues to apply no
matter where you are located at the time any of the services
are provided or where you reside. This will be the case until
this agreement is cancelled except to the extent clause 14
says otherwise.
To the extent legally permitted:
10.1 all our services are provided under New Zealand law;
10.2 any claim or dispute arising out of or in connection
with this agreement must be instituted within 60 days from
the date the relevant service was supplied to you;
10.3 except as otherwise stated, you may take action against
us only in a New Zealand court;
10.4 where you or any registrant for whom you act supplies
incorrect information regarding a domain name and we incur
cost in any matter concerning that name then we may recover
the costs incurred by us from you.
- Cancelling the Agreement
11.1 We may cancel or suspend this agreement by giving you
one months notice if you do not meet your duties to us.
11.2 We may end the agreement for any other reason by giving
you one month's notice.
- More Than One Person
You are responsible for everybody who you permit to act for
you as a registrant. We will take reasonable care to satisfy
ourselves that you have permitted those persons to act for
you.
- Each Clause Separately Binding
Each clause of the agreement you have with us is separately
binding.
If for any reason we, you, or any of the persons specified
in clause 8 cannot rely on any clause, all other clauses of
it are binding.
- Rights and Responsibilities that Continue
The cancelling of any agreement you have with us does not
affect any rights and responsibilities, which are intended
to continue or come into force afterwards. These include the
rights and duties under 2, 4 - 10, 12 – 13 and this
clause 14.
Current .Nz Policy: http://www.dnc.org.nz/policies
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