.au.com domains
Registrant Agreement

Special terms & conditions for the registration of sub-domains under .au.com

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 Sub-Domains and the procedures of our Dispute Resolution Service (both of which as at the date hereof 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 sub-domain is registered by means of any reseller of Netregistry 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 Netregistry 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 sub-domain 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, Netregistry 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, the registration may be renewed indefinitely for further periods of one or more years, on payment of the renewal fees applicable from time to time.

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 Sub-Domains in force from time to time.

8. Netregistry 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 sub-domains

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 sub-domains 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 sub-domains under au.com

Netregistry Dispute Resolution Service

On learning of a dispute about an Internet Domain Name registered under a sub-domain of au.com, between the organisation or individual and another laying claim to a stronger right to register it, Netregistry will assist the parties by providing the following services:

Investigation

1. Netregistry will seek to establish whether a mutually acceptable resolution to the dispute can be found by the impartial intervention of Senior Executive staff of Netregistry.

Formal action under the rules

1. Under the rules for the .au.com sub-domains, Netregistry may suspend or terminate delegation of an Internet Domain Name in certain circumstances (as Netregistry may determine. The dispute that arises most frequently is where it is drawn to Netregistry 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 Netregistry 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, Netregistry 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 Netregistry decision to suspend or terminate (or not to suspend or terminate) delegation of a Domain Name, Netregistry will, at that party's request, refer the suspension to an independent expert for a written recommendation that Netregistry 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 Netregistry, confirming the background, timing and implementation of its decision.

5. The interested parties will be informed by Netregistry 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 Netregistry 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 Netregistry.

8. Immediately on receipt of the expert's recommendation, Netregistry 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 Netregistry final decision on suspension of delegation of the Domain Name, Netregistry will inform the parties of the Netregistry 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 Netregistry Alternative Dispute Resolution Service

1. Netregistry 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 Netregistry 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.