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Domain Directors Pty Ltd
TERMS AND CONDITIONS

Over-Riding Declaration

Because of the rapid development and world-wide nature of the internet it is clearly impossible for any single organization to guarantee reliability of service.  Domain Directors Pty. Ltd. will make every possible effort to provide and maintain all products and services offered. Including but not limited to internet access, web-site design, web-site hosting, domain and sub-domain registration and re-registration etc. But under no circumstances whatsoever will its warranties extend beyond that required by law and will otherwise be limited to the repayment of monies paid by a client for services we are unable to continue to supply, or the offer of a comparable service by an alternate provider.

The above paragraph forms an integral part of the terms and conditions of all contracts entered into by Domain Directors Pty Ltd

1 Definitions

"Domain Directors" means Domain Directors Pty. Ltd. ACN 100 504 596 and any associated companies.

"commencement date" means the date of registration of the domain, or for any other service the date the service was requested by the customer;

"customer" means the listed owner of the domain or for any other service the person requesting the service;

"domain name registration" means the registration of a domain name

"GST" means the Australian Federal Goods and Services Tax to be introduced on July 1st 2000

"initial term" means the period of time for which the domain or sub-domain is first registered to the customer;

"prices" means Domain Directors normal prices for services which may change from time to time

"services" means any service offered by Domain Directors to any customer for any purpose

"sub-domain name registration" means the registration of a domain which is subsidiary to a domain owned or licensed to Domain Directors

"system" means any equipment, software and connections to the internet as well as any components of the above such as disk space owned or operated by Domain Directors.

Words importing the singular include the plural and vice versa and words importing one gender shall include all other genders. Headings are for ease of reference only and shall not affect the interpretation of this agreement.

2 Initial Term

The initial term shall commence on the commencement date and shall continue thereafter for successive periods of the same duration as the initial term unless the agreement is terminated by either party at least 30 days prior to the commencement of the successive period.

3 Services

Domain Directors shall provide the customer with the specified services. The customer acknowledges that the system remains the property of Domain Directors and the customer undertakes, for the duration of this agreement, to -

(a) ensure that their usage of the services is legal, with respect to both criminal and civil laws without limitation and

(b) indemnify Domain Directors for any legal consequences that may flow from a breach of the above provisions, including without limiting the above legal fees, fines and damages.

4 Copyright

Unless otherwise agreed in writing Domain Directors shall own the copyright to all web sites drafted designed and or prepared by Domain Directors whether or not those web sites were commissioned by the customer or otherwise. The exception to this copyright will be the factual information supplied by the customer which form part of the web site.

5 Service Levels

Our normal business operating hours are Monday to Friday, 9am - 5pm Australian eastern standard time, except public holidays. We will endeavour to respond to all requests within 24 hours of receipt during these business operating hours.  Should you ever have a request that is of extreme urgency outside of business hours, please email admin@domaindirectors.com as this may be monitored.  

We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server. 

The customer acknowledges that Domain Directors do not warrant that its system will be fully operational at all times. Whilst Domain Directors will make all due effort to maintain a continual service Domain Directors shall not be liable for any damages caused or alleged to be caused to the customer or to any other party beyond the repayment of monies paid by the customer for that part of the time that the system is not operational.

6 Backup

Domain Directors constantly maintains backups however we does not guarantee them. If customers are concerned about the potential loss of data in a system failure, they should retain their own records.

7 Payment

(1) The customer shall pay Domain Directors the appropriate charges for the service they have requested. Invoices for services are payable in advance.

(2) The prices may be varied at the expiration of the initial term. If prices are to be varied, Domain Directors will notify the customer in writing or via email as to the new charges 30 days prior to their introduction. Failure by the customer to terminate this agreement within 30 days of receipt of such notice shall constitute acceptance of the new charges.

(3) If any amount remains unpaid for a period in excess of 30 days after the due date, Domain Directors shall be entitled to charge interest at the rate of 10% per annum or may terminate the agreement or both.

(4) The customer agrees that payments may be made, at the option of Domain Directors, by having customers credit card billed in any foreign currency equivalent of the quoted dollar amounts. 

(5) The customer agrees that where a request is made to delete a domain name no refund of monies paid will be possible whether or not such deletion is requested as a result of a change in policy by a domain registration authority, registry or registrar.

(6) Customer agrees that in the case of credit card transactions no refund of monies paid (or authorized for payment) will be possible.

8 GST

The Australian taxation system will change on the 1st July 2000 with the introduction of GST. No ruling has been received from the Australian Taxation Office concerning the liability for domain registrations and web page hosting for non-Australian residents being supplied from Australia. Prices for services to Australian residents, whether corporations, individuals or otherwise will be subject to GST. Pending a ruling to the contrary no GST will be charged to non-Australian residents.

9 Termination

(1) For the purposes of this agreement, the breach or threatened breach by either party of any of its material obligations under the agreement is a terminating event.

(2) The agreement may be terminated immediately on the happening of a terminating event at the option of the affected party upon the sending of notice by post or email to the party in breach.

(3) Neither party shall be liable for the consequences of an occurrence of any event beyond its reasonable control.

(4) Domain Directors may terminate this agreement by providing the customer with 30 dayís notice via email, facsimile or mail.

(5) The customer may terminate this agreement at any time by emailing accounts@instra.com or by fax to +61 3 9783 6844. Termination of the agreement does not release the customer from paying any fees which are due at the time of cancellation.

10 Notices

All notices which are required to be given under this agreement shall be in writing and sent to the address (mailing or email) or facsimile of the owner of the domain or such other address as the recipient may designate by notice given in accordance with this clause. Any notice sent by email or facsimile shall be deemed to have been received instantly or two weeks (14 days) after posting if sent by mail. In addition, any email sent to the email address of the admin contact for the domain is deemed to have been received by the owner of the domain.

11 Assignment

The customer shall not assign, whether in whole or part, the benefit of this agreement or any rights or obligations hereunder, without the prior written consent of Domain Directors (such assignment will not be unreasonably witheld). However Domain Directors may assign, whether in whole or in part, the benefit of this agreement or any rights or obligations hereunder, without requiring the consent of the customer.

12 Law

This agreement shall be governed by and construed in accordance with the laws for the time being in force in the State of Victoria, Australia and the parties agree to submit to the jurisdiction of the courts and tribunals of that jurisdiction.

13 Waiver

No forbearance, delay or indulgence by a party in enforcing the provisions of this agreement shall prejudice or restrict the rights of that party, nor shall any waiver of those rights operate as a waiver of any subsequent breach.

14 Severability

Should any part of this agreement be or become invalid, that part shall be severed from this agreement. Such invalidity shall not affect the validity of the remaining provisions of the agreement.

15 Liability

(1) The customer acknowledges that the provision of services under this agreement may be disrupted due to system failure. Such failure may source from Domain Directors hardware or software or may source from the products or services of third parties such as telecommunications companies and domain registration authorities. This may have negative effects on the customerís business. Except as required by law, Domain Directors shall not be liable in any way to the customer for damages or alleged damages arising from the customerís use of services under this agreement.

(2) Domain Directors maximum potential liability to the customer shall be limited to repayment of the amounts which have been paid by the customer to Domain Directors. Domain Directors shall not be under any further liability to the customer in respect of any loss or damage (including consequential loss or damage) however caused (whether by Domain Directors negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of the services or this agreement.

(3) All terms, conditions, warranties, undertakings, inducements, or representations whether express, implied, statutory or otherwise relating in any way to the services of this agreement, which are not expressly stated in the clauses of these terms are expressly excluded.

(4) Where any relevant legislation implies in this agreement any term, condition, or warranty, and that act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under, such term, condition or warranty shall be limited, however, at Domain Directors option, to either one of the following:

(i) the supplying of the services again; or

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

16 Entire Agreement

This agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the services. No addition to or modification of any provision of this agreement shall be binding upon the parties unless made by written instrument signed by a duly authorized representative of the party. The exception to this is that prices may be varied as per clause 6.

 

DOMAIN DIRECTORS PTY LTD
International Domain Name Registrar



© 2003 Domain Directors Pty Ltd
ACN 100 504 596
Postal Address : GPO BOX 988 MELBOURNE VIC AU 3001
Telephone : 1800 220 123
Fax : 61 3 9783 6844
Website: www.domaindirectors.com
E-mail : register@domaindirectors.com