Terms & Conditions
- Netregistry General Terms & Conditions
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2. Netregistry General Terms & Conditions
The following terms and conditions apply to all reseller and ISP contracts and provision of all Services, including the registration of .au.com sub-domains the special terms for which are set out below. By utilising Netegistry's services you are deemed to have accepted these terms and conditions and are bound by them.
2.1.1We 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.
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 Netregistry, and merchant services agreements between you and the relevant financial institutions.
You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
2.4.1We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. We may suspend all services within an account prior to termination should any invoice in the account be outside of our trading terms.
2.4.2We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
2.4.4On termination of this agreement (in relation to Website hosting) we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of 14 days and allow you to collect it, at your expense ($150/hr), failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.
2.4.5On termination of this agreement we shall also be entitled to immediately cease any of our other Services to you (apart from Web Site hosting) without holding any backup data for retrieval by you.
2.4.6Without limiting the section below on our Exclusion and limitation of liability, Netregistry will not be liable to you for any cost, expense, damage or loss whatsoever for terminating this agreement.
2.4.7If the Supplier seeks to terminate your use of a Software or a Hosted Application for reasons other than your non-compliance with an EUA or these terms and conditions, Netregistry will use reasonable endeavours to honour the remaining period of any then current and existing right hereunder for you to use that Service but Netregistry will not otherwise be obligated to continue the Service if this is not possible or viable due to events beyond the reasonable control of Netregistry.
2.4.8Netregistry shall not be liable for any delay or failure to perform its obligations pursuant to this agreement if such delay or failure is due to termination of access to the Hosted Application or to Software by the Supplier or a change by the Supplier to the conditions of supply thereof.
2.4.9If you wish to terminate your account with Netregistry, 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. Specifically, Netregistry will not accept verbal instructions to terminate an account. To submit the cancellation form, login to the console, select tab 'Service Administration' then click on 'Service Cancellation'. 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 Netregistry.
2.4.10With the exception of items defined within clause 12, 30 Day Money Back Guarantee, Netregistry does not offer refunds or credits for new purchases in the event of termination or cancellation of these services.
2.4.11In the event of customer requested cancellation of a renewed service, Netregistry 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. Services are required to be cancelled prior to renewal, for cancellations submitted after the scheduled date of renewal there are no credits and no refunds.
The below products are eligible to participate in the 30 day money back guarantee program. Any product or service that is not explicitly included in this Clause is exempt from this Clause. All requests for the Guarantee, including the exemptions listed and other relevant conditions, will be considered and granted at the sole discretion of Netregistry Pty Ltd.Products and Services included in the Guarantee, are:
Domain Manager, Startup Cloud Hosting, Business Plus Cloud Hosting, Enterprise Cloud Hosting, Basic cPanel Hosting, Plus cPanel Hosting, Premium cPanel Hosting, Mailroom (Basic, Pro & Premium), VPS (VPS Cloud 1, VPS Cloud 2, VPS Cloud 4, VPS Cloud 8), and Traffic Accelerator Pro. All other products and services are explicitly excluded from the Guarantee.In order to claim a refund:Ineligibility - 30 Day Money Back Guarantee
2.4.12.b) The sole method of requesting the Guarantee is by emailing us at; email@example.com. Upon receipt of the email, you will automatically be provided an acknowledgment receipt with a unique identification number. Should this not be issued or received, the matter is treated as Netregistry Pty Ltd having not received the request.
2.4.12.d)Should a client be deemed eligible, the client agrees to provide us 10 working days to resolve any issue. Should at the end of the 10 days after consultation between both parties, the client remain unsatisfied with the outcome(s), Netregistry will provide a full refund on the purchase price.
2.4.12.e)Netregistry will only provide refunds 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.
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.
2.5.1All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our Web site and explicitly on the invoice shall be due and payable within thirty (30) days of receipt of our invoice for yearly subscription services therefore. Monthly subscription services require payment within 7 days of invoice issue.
2.5.2The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.
2.5.5Some 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.
2.6.1TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
2.6.2Our total aggregate liability to you for any claim in contract, tort, negligence, equity or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
2.6.3In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever, even if advised us to the possibility thereof. Nor will we be liable in any event for any damages including, without limitation, indirect, special, incidental, consequential or exemplary damages, arising out of or in connection to this agreement or the Services.
2.7.1If any goods or services supplied pursuant to this agreement are supplied to the customer 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”), the consumer 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 pursuant to the Competition and Consumer Act or similar legislation is so conferred. However, if the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, pursuant to section 64A of the Australian Consumer Law and similar provisions of relevant state legislation Netregistry limits its liability (including any consequential losses sustained by you) to payment of an amount equal to:
2.7.2Except as otherwise specified herein, Netregistry is not liable for default or failure in performance of its obligations pursuant to these terms and conditions resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials, labour or transportation or any other cause beyond the reasonable control of Netregistry.
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.
If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.
The benefit of this agreement may be assigned by us, but not our obligations to you - to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.
We may change the terms and conditions of this Agreement at any time. Details of our current terms are available here. Any renewal of a Service will be in accordance with the terms and conditions in place as at that time.
2.12.1These terms and conditions plus the Netregistry terms and conditions of supply (if any) for each specific type of service supplied by Netregistry constitute the entire agreement between Netregistry and you (“the Contract”), and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the Contract unless it is in writing and signed by authorised representatives of you and Netregistry.
2.12.2The Contract is to be interpreted in accordance with the laws of the State of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that State, the Federal Court of Australia (Sydney Registry) and appeal courts therefrom in relation to any dispute arising hereunder.
If you (the customer) consist of more than one person then the liability of those persons in all respects under the Agreement shall be a joint liability of all of those persons and a liability of each of those persons severally.
In addition to general Account, Billing and Service communications, Netregistry will, from time to time, issue email notifications relating to our services, including, but not limited to Newsletters, Announcements, Promotional and Seasonal offers, and Surveys. By entering into agreement with these terms and conditions, you agree to receive email communications by inferred consent until such time as you decide to opt-out of such communications. You may opt out of our mailing list at any time by visiting http://www.netregistry.com.au/manage-subscriptions/ or by following 'unsubscribe' instructions contained within the communications.
You will not be able to opt-out of Critical Service Notifications, Renewal, Billing and Account Notifications, Scheduled Downtime Notifications or any other communications deemed to be an essential part of our service to you.
Please review our Privacy Statement for full details of our use of personal data.