Service Terms

Updated July 2016

View the terms and conditions for Discontinued Products.

You are also required to read and agree to Our General Terms & Conditions;

1. Domain Name Registration Agreement

1.1 Registration Agreement

  1. This Registration Agreement is submitted by you (being an individual or entity), the applicant for, and on registration, the licence holder of a domain name to Netregistry for the purpose of becoming the licensee of a particular domain name.
  2. This Registration Agreement sets out the applicable terms and conditions governing all domain name registrations, pre-registrations, renewals or otherwise. You agree you have read, understand, acknowledge and agree to be bound by this Registration Agreement.

1.2 Rules of registration

  1. A registration or reservation of a domain name does not grant any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the registration or use of the domain name.
  2. We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you, even if we have accepted your payment for registration. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
  3. Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
  4. We accept no responsibility in respect of the use of a domain name by you. Any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
  5. You agree that should this Registration Agreement be terminated by any party, or if the domain name expired or transferred to another registrar, any other services that may be associated with the domain name will remain active. The customer of these other services will continue to be billed in accordance with the relevant terms and conditions.
  6. Outbound domain transfers from Ziphosting to Netregistry incur a $16.50 AUD administration charge invoiced to the gaining account. This charge is not applicable for domains transferring for the purpose of ordering other Netregistry services.

1.3 TLD Specific Terms

The following provision apply to this Registration Agreement depending on the TLD space of the domain name.

  1. .com.au and .net.au domains can only be registered by an Australian registered company, or business with a registered business number (ABN, BRN, BN). You will need to supply this number during the order process. The domain name you order will need to be an exact match, acronym or abbreviation of the supplied business registration, or it should bear a close and substantial connection to the domain name. Domains can be two to 63 letters in length. Words can be separated by hyphens but not spaces. View the .au Domain Registrant Agreement
  2. .org.au and .asn.au can only be registered by a "non-commercial organisation". The domain name you register needs to have a solid relationship to the organisation to which it represents.View the .au Domain Registrant Agreement
  3. .id.au is intended for individuals who reside in Australia. It can be an exact match, abbreviation or acronym of registrant's personal name or otherwise closely connected to the registrant. View the .au Domain Registrant Agreement
  4. .com and .net domain names are not restricted and can be registered by anyone. View the .com, .net Domain Registrant Agreement
  5. .biz, .org and .info domain names are not restricted and can be registered by anyone. View the .biz, .org, .info Domain Registrant Agreement
  6. New gTLD domain names include a number of generic spaces (.photography, .technology, .club etc.) and certain geographical names (.kiwi, .melbourne etc.). Eligibility restrictions may apply to each space — please check on our website and the New gTLD Domain Registration Agreement for further information. View the New gTLD Domain Registration Agreement
  7. .nz domains are intended for people in, or with ties to, New Zealand. Anyone can register them - there are no restrictions on .nz domain names. View the .nz Domain Registrant Agreement
  8. .uk domains are intended for people in, or with ties to, the United Kingdom. Anyone can register them - there are no restrictions on .uk domain names. View the .uk Domain Registrant Agreement
  9. .mobi domains are intended for websites designed for a mobile device. Anyone can register them – there are no restrictions on .mobi domain names.
  10. .cn domains can no longer be registered in Australia. This information is for reference purposes only. View the .cn Domain Registrant Agreement

1.4 ICANN Mandated Terms and Materials

Netregistry is accredited by ICANN to provide registrar services for gTLD domain name spaces. As part of that accreditation, we are required to incorporate mandatory terms and materials into our Terms and Conditions. When you submit an application to register a gTLD domain name with us, you are stating that you have read and understood the following documents, and you agree to be bound by them:

  1. Mandated Provisions for gTLD Domain Name Registrations
  2. Registrants Benefits and Responsibilities

2. Domain Privacy Services

All whois privacy applications are subject to the relevant requirements and policies of My Private Registration and are based on your agreement to the terms of these services upon sign-up. By applying for and using Whois Privacy Services either directly or through a third party of private registry authority, you understand and agree to all policies, both provided and referred by My Private Registration.

3. Domain Backorder Services

3.1 A Domain Backorder service means a request by you to Netregistry for a domain name that is not available for public registration at the time the back order request is submitted, but which we will monitor, and if and as the domain selected becomes available for public registration, Netregistry will attempt to register it on your behalf.

3.2 Domains will only become available if:

  1. They are not renewed within the specified policy framework for the relevant domain space and are purged by the Registry; or
  2. The registry is specifically instructed by the domain owner, or a relevant authority to delete the domain.

3.3 By entering into a domain back order service on any domain you agree and understand that:

  1. The domain may never become available for public registration at any time in the future and that Netregistry has made no warranty or representation express or otherwise that we will be able to register your back order requested domain at any time;
  2. You will not hold us liable in any way whatsoever if we are unable to register your back order requested domain name;
  3. Domain back order fees are not refundable at any time, including should we not be able to register your back order requested domain name if and as it becomes available for registration;
  4. A selected domain name shall be registered using the Registrant details supplied at the time the back order agreement is entered into by the respective parties. These Registrant details are not able to be subsequently modified or otherwise changed;
  5. Should any domain name be registered via the back order service, the cost of that registration is included in the back order fees and charges that have been paid as part of the defined service;
  6. Domain back orders are accepted on a first come, first served basis. Any duplicate (or multiple) applications will be prioritised in the chronological order of acceptance of those orders. Netregistry will not at any time disclose the acceptance of competing orders;
  7. The domain back order service is an ongoing annual service commitment, and will incur a specified annual fee. Netregistry shall continue to monitor and otherwise attempt to register a back ordered domain until such time as you cancel this service using the prescribed method of service cancellation. You can terminate the agreement at any time, on the basis that prepaid service fees are non-refundable.

4. Web Hosting and Email

4.1 You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any Service plan. All excess data will be charged at the rate of 5.5c/MB to the nearest whole MB. These charges will fall due at the completion of the calendar month on normal trading terms of 14 days from invoice. Netregistry will provide an online interface allowing authorised users to monitor website data traffic.

4.2 The hosting service plans disk space pertains only to files required for the normal operation of your website, and which are linked to in that website. Our website hosting plans are expressly prohibited from use as an online file repository.

4.3 Any site that uses greater than 89,000 inodes (every file on your hosting account uses 1 inode), or that create file system damage by the rapid creation of large volumes of files, will be subject to review and possible suspension.

4.4 For hosting service plans which specify UNLIMITED data transfer, should your site exceed burst (or ongoing) data transit of greater than 5Mb/sec, or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.

4.5 For any service plan which specifies UNLIMITED email accounts, should the mail boxes associated with your account exceed more than 1,000,000 aggregate messages, the account will be subject to review and possible suspension.

4.6 All hosting plans are subject to general resource and usage monitoring. Any action or process that consumes resources beyond a reasonable level and thus degrading the shared environment for other users is expressly prohibited: This includes but is not limited to:

4.7 Running standalone, automated server-side processes including, but not limited to any daemon;

  1. Running any bit torrent application, tracker or client;
  2. Participating in file sharing or other peer to peer sharing activity;
  3. Executing any script for longer than 180 seconds;
  4. Executing any database query that takes longer than 30 seconds to complete;
  5. Specifying cron tasks that execute more frequently than every 300 seconds.

4.8 For any service plan that includes "Professional Email" powered by Microsoft Office 365, the following terms apply:

  1. Professional Email comprises of an email hosting facility operated by our supplier Microsoft Corporation (Microsoft) in conjunction with a domain name registered and supplied separately by you (Supplied Domain Name). Depending on your service plan, the Service may also include software licences for Microsoft products (Microsoft Software) which will be available to you during the term of Service and revoked at the termination of Service.
  2. You acknowledge and accept that it is your responsibility to register, maintain and renew the Supplied Domain Name associated with the Service. Should the Supplied Domain Name expire or fail for any reason causing the functioning of the Service to be affected, you agree that you will remain liable for any ongoing Service fees.
  3. We will setup and provision your desired email address mailboxes (Mailboxes) on the Service using the Supplied Domain Name and notify you once this has completed. If you wish to add or remove Mailboxes from the Supplied Domain Name, you must contact us to provision such changes. Creation/deletion/modification of Mailboxes may take up to 3 business days to process. Additional charges may apply to add Mailboxes to your Service.
  4. You acknowledge and agree that due to technical limitations, the Supplied Domain Name will be configured to operate exclusively with this Service and cannot be used with any other email hosting facility.
  5. This Service does not include data migration support. You acknowledge and accept that it is your responsibility to backup and migrate data between this Service and any other email hosting facility. You agree that we are not responsible for any data loss that may occur during the provisioning of this Service or data migration to/from this Service.
  6. We will provide you with technical support to setup, access and use your Mailboxes as part of this Service. You acknowledge and agree that technical support for Microsoft Software may be limited to online resources only.
  7. You acknowledge you have read and agree to be bound by:
    1. the Microsoft Online Services Terms;
    2. the Microsoft Service Level Agreement; and
    3. any other terms by Microsoft related to this Service;
    which are incorporated into these Service Terms.
  8. You warrant that:
    1. you have all necessary rights to any software, services or data you may use with this Service; and
    2. your access and use of this Service will not infringe any applicable laws or regulations or third party's intellectual property rights.
  9. You acknowledge and consent to Microsoft receiving, accessing, transferring, processing and disclosing your personal information and data as required to provide the Service to you in accordance with these Service Terms.
  10. You acknowledge and agree that Microsoft and any affiliated/related entity has the right to require due performance of these Service Terms.

5. Website Design Services

5.1 You agree that in the provision of web design services by us we may utilise the services of third party contractors, and that we may pass on to such contractors any information or materials, including design brief and content, provided to us by you.

5.2 You are responsible for keeping a copy of any existing Web Site which we may replace pursuant to the provision of web design services including all databases and hosted files. Netregistry can provide an archival solution for the existing website at our standard commercial rates.

5.3 We are not responsible for the contents of any Web Site we design for you, and upon publication you must satisfy yourselves that the Web Site will comply with all applicable laws, and codes of practice governing the use of Web Sites and related services. This includes the intellectual property and copyright ownership of all material that you have provided to us. Netregistry is similarly not responsible for your subsequent use of the site and your compliance of various commonwealth and state legislations.

Additional Terms for Tailored Websites

The customised web design proposal and quote, if any (Proposal) will form part of this agreement.

5.4 Service

  1. The Services are designed and built for integration with our hosting services (being one of those services offered by us which can be located at our website) (Hosting Services). These Hosting Services will need to be purchased separately and are subject to their own terms and conditions in clause 4.
  2. You may request that the Services be provided in conjunction with a non-Netregistry hosting provider before the Services commence. We will, in our sole discretion, determine whether this alternative hosting provider's hosting platform is appropriate, and either accept or reject your request. Should we reject your request, we will provide you with a full refund for the Services. Where the Services are utilised with any alternative hosting provider, you will be responsible for publishing your Website in Design and we will not be responsible for any issues, errors or loss of functionality from the publishing your Website in Design on an alternative hosting provider's platform. Any attempt to migrate or transfer your Website in Design to an alternative hosting provider's platform without our express consent will be a violation of these Service Terms, and will be at your own risk.
  3. Any software or plugins made available to you by us for use with the Services (Add-ons) must be associated with your Website in Design and are not transferable to any other accounts you have with us, or any other websites. Such Add-ons require an active subscription to the Services to remain active. We offer a number of Add-ons as standard for all Services which are subject to change, and may be removed or added at our discretion and without notice to you.

5.5 Delivery

  1. If you have specific custom requirements for features and options not included in any of the Services, we will provide you with a Proposal specifically tailored to these custom requirements that you have provided to us.
  2. We will provide a brief to you confirming certain objectives and requirements discussed with you (such as suggested colour schemes, site map, your intended business objectives for the website, website design template recommendations etc.) for your approval (Brief). You must contact us within 5 business days if you have any concerns with the Brief or do not wish to approve, or we will otherwise assume you have approved the Brief, and we will proceed to build and provide to you the website design templates (Templates) and, if purchased, website content services (Content Services).
  3. You must provide complete feedback to us in the event you have any issues with the provided Templates, and we agree to three attempts to address these issues with you, before escalating to the Dispute Resolution process (see clause 5.8). We require written approval of the Templates prior to proceeding with any customisation, and should written approval not be received within 14 calendar days from delivery of the Templates, we may place the Services on Administrative Hold.
  4. If you have purchased Content Services, you must provide complete feedback to us in the event you have any issues with the provided content within 7 calendar days, failing which, we will assume you have approved the Content Services. We will provide you with one attempt to address any issues you raise before escalating to the Dispute Resolution process (see clause 5.8).
  5. We will provide you with an opportunity to review the customised Templates (Website in Design), and depending on the Service you have purchased, you will be given a certain number of reviews to request changes to the Website in Design, which may include:
    1. text and image placement changes;
    2. graphical changes (replacement of image with alternative supplied image);
    3. page or section changes; or
    4. functionality enhancement changes (Add-ons included with Service ordered). Additional changes (not previously agreed to in the Proposal (if applicable) can be requested but will incur additional costs (calculated at the rate of AUD $175 per hour), which we will confirm in a quote (valid for one calendar month) before performing any additional changes. Changes requested that do not relate to the approved Brief or any instructions received from you, which we have agreed to (for instance, changes specified in an accepted Proposal) are excluded, and will incur additional costs to be processed. You must provide complete feedback to us in the event you have any issues with the requested changes made, and we agree to three attempts to address these issues with you, before escalating to the Dispute Resolution process (see clause 5.8). You must provide a response to us within 14 calendar days if you have any changes to request, otherwise we will assume you have approved the Website in Design.
  6. Following approval of the Website in Design, we will request a final written confirmation of approval before we proceed to publishing this Website in Design on the Internet as your website. If we do not receive a response within 7 calendar days of our request, we will assume you approve of the Website in Design and we may proceed with publishing. You agree you are solely responsible for the back-up of any data, websites or information (including without limitation email files, databases, hosted files etc.) which may be replaced pursuant to the provision of the Services (including without limitation as a result of the publishing of your Website in Design).
  7. The publication of the approved Website in Design completes our obligations to you under these Service Terms, other than in respect of (i) any ongoing relationship we have to you as a service provider, and/or (ii) any ongoing managed service (as specified on our website) you have purchased from us (for the avoidance of doubt, such managed service will form part of the 'Services' where ordered, and is not available if you have published your Website in Design using an alternative hosting provider). All future changes and maintenance to your Website in Design will be your responsibility, however we may agree to assist with requests for additional customisation at an additional cost (which we will advise you of in advance via quote (calculated at the rate of AUD $175 per hour)).
  8. Completion of the Services in a timely manner depends upon your responsiveness to any requests from us, and where applicable, provision of timely and complete feedback or approvals. We are not responsible for any delays in provisioning the Services which occur as a result of your failure to respond as requested or required.
  9. You agree to provide us with such information as we or our Supplier reasonably require in order to provide the Services to you, and to keep this provided information up to date and accurate. You agree we may share this provided information, along with any other information or materials (including any provided content or design brief) related to the Services, with our Supplier.
  10. You must supply us with all graphics, files or text (Content) for customisation of your chosen Templates to be used for website we will design (note, modification or alteration of the Templates themselves is subject to our sole approval). All Content must be submitted to us within 30 calendar days following your approval of the Templates or we may place the Services on Administrative Hold, or in the case of new websites, populate that website with sample content at our discretion. Should Content not be supplied within 30 calendar days following a service being placed in Administrative Hold, we reserve the right to cancel the Services without refund. We cannot proceed with providing the Services until Content has been received.
  11. You are responsible for ensuring you have all appropriate legal rights to all supplied Content. All Content must be submitted electronically, should be copies and not originals, and should be of a high quality standard that is acceptable to us. We will not return any Content to you, and you are responsible for maintaining back-up copies of all submitted Content. We will not be responsible for any loss of, or damage to, any of your Content. Should any files be too large for electronic delivery, you must make arrangements for these to be delivered to us, however large files may affect our ability to meet any stated completion timelines, and additional costs may apply (which we will advise you of prior to undertaking work). We reserve the right, in our sole discretion, to refuse to use any Content we believe is objectionable or may infringe upon the intellectual property rights of others, or would be in breach of our AUP. We may agree to generate text for you at an agreed additional cost, which you would be required to review and approve (and which will be considered as Content under these Service Terms).
  12. Administrative Hold:
    1. The Services may be placed on hold (Administrative Hold) by us or by you upon written request (prior to your Website in Design being published). We will not perform any work while Services are in Administrative Hold. Where you have requested the Services be placed on Administrative Hold, you are solely responsible for contacting us to request the Services be removed from Administrative Hold. If the Services remain in Administrative Hold for 3 months or longer, we may cancel the Services without prior notice to you. In such circumstance, all fees paid by you will be forfeit.
    2. If you do not provide a response to us to any communication (within the timeframes stated in that communication) or as required by these Service Terms, we may place the Services on Administrative Hold.
    3. Any monthly fees charged for the Services (including fees charged for your Hosting Service) shall continue to be payable where the Services are placed on Administrative Hold.

5.6 Billing and Payment

  1. The fees and charges payable for the Services include:
    1. where a Proposal has been provided and accepted, a deposit equal to 50% of the total fees stated in the Proposal, payable upon us invoicing you once we have received the signed Proposal;
    2. a fixed build or content services fee (if applicable), payable in advance;
    3. a monthly recurring or annual managed services fee, payable in advance; and
    4. where incurred, additional fees as outlined in these Service Terms (such as agreed quotes for additional work or due to the Services being in Administrative Hold).
    Fees payable for any Hosting Services are separate to the fees and charges payable for the Services.
  2. You must pay all prices and charges for the Services and other amounts incurred by you or incurred as a result of any use of the Services (whether authorised or not) in accordance with the billing provisions specified in these Service Terms or in the Proposal (if applicable). You agree to keep your billing and account information up to date and to notify us of any changes to such information from time to time.
  3. Prices and charges published on our website or in the Proposal (if applicable) are inclusive of any government taxes or charges unless otherwise stated.
  4. If you fail to pay any fees and charges in any invoice by the due date specified, in addition to any other rights under these Service Terms, we may charge you interest on that unpaid amount until such time as payment is received, and/or suspend or terminate the Services.
  5. You agree that in the event of any action being taken by us to recover any overdue amount due to it under this agreement or a Proposal (if applicable), as evidenced for example by, without limitation, your credit card company notifying us of you disputing the payment of, or refusing to pay such charge, or where your credit card payment has been declined or reversed, any costs incurred by us in recovering the debt (including, without limitation, any legal expenses (on a solicitor/client basis), collection agency charges or any other reasonable associated costs incurred by us) are payable by you to us and shall be recoverable by us as a separate debt.

5.7 Intellectual Property

  1. You are solely responsible for ensuring that you have all appropriate rights and licenses to the Content supplied to us.
  2. You expressly grant to us and our Supplier a royalty-free, worldwide licence to use, reproduce, modify, edit or otherwise all supplied Content, and to cache the entirety of your Website in Design (including your Content) where hosted by us or our Supplier, pursuant to these Service Terms. You agree that you shall be responsible for obtaining any agreements and/or consents required of any third parties in connection with the grant of this licence to us and our Supplier. You also agree that any such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
  3. Any Templates or Website in Design delivered by us under the Services are without any representation or warranty as to your ability to obtain trademark, copyright, or similar protections in any jurisdiction throughout the world. We expressly disclaim:
    1. all liability to you or any third party for any infringement of intellectual property or proprietary rights; and
    2. that we will be responsible for, or provide any advice or guidance in respect of, any potential intellectual property rights issues which may arise from your use of the Services (including without limitation the use of Content in the Website in Design).
  4. We are not responsible for any content (including your Content) contained in your Website in Design, nor are we responsible for your use of the Website in Design. You are solely responsible for ensuring your Website in Design complies will all applicable laws and regulations, and does not infringe any third party's rights, at all times.
  5. Upon publication of your Website in Design, we transfer to you all rights, titles and interest in the Website in Design, but expressly reserve and retain all rights and/or licenses to (i) display your Website in Design as-is or with alterations online or in any other manner in our sole discretion, and (ii) all design, copyright or other intellectual property rights in the Templates. Except as expressly stated in this clause, no other rights, titles or interests are granted to you.
  6. You may not copy, modify or translate any of our Templates or related documentation, or grant any other person or entity the right to do so.

5.8 Dispute Resolution

In the event the parties are unable to resolve any issues, the parties will agree to attend a teleconference meeting to discuss the issues (Dispute Resolution). Both parties agree to attempt to resolve the issues in good faith. If the parties are unable to resolve the dispute, either party may elect to cancel the Services and this agreement in accordance with clause 5.11.

5.9 Your Warranties

You represent and warrant that:

  1. you have all appropriate rights and licenses in all Content you supply;
  2. you have not entered into this agreement, or accepted the Proposal (if applicable) or obtained any Services on the basis of, or in reliance on, any statement or representation (whether made orally or in writing and regardless of the medium used) made by either us or our Supplier concerning this agreement, the Proposal or the Services, other than any statement or representation contained in these Service Terms;
  3. your use of the Services or your Website in Design will not at the Commencement Date or thereafter, infringe the intellectual property or other proprietary rights of us, our Supplier or any third party;
  4. you will conduct such tests and computer virus scanning as may be necessary to ensure that any data provided by you does not contain any computer virus and will not in any way, corrupt the data or systems of any person (including, without limitation, us or our Supplier); and
  5. you will otherwise at all times use the Services and your Website in Design (including once published) in accordance with these Service Terms (including, for the avoidance of doubt, the AUP or the Privacy Policy) and the Proposal (if applicable).

5.10 Indemnity

You agree you will indemnify and defend us and our Supplier and all directors, officers, employees, and agents of us and our Supplier (each an Indemnified Party) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) incurred by any Indemnified Party arising out of, or directly or indirectly relating to:

  1. Your Products and Services (if applicable); and/or
  2. any breach of this agreement by you; and/or
  3. the use of the Services by you; and/or
  4. the use or operation of your published Website in Design by you or any other party; and/or
  5. the implementation of the AUP by us, any action taken by us in accordance with the AUP, or, any breach or violation of the AUP; and/or
  6. any action taken by us or our Supplier in connection with you undertaking or attempting to undertake any Additional Prohibited Activity.

Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, restrictive trade practices, misleading statement, misleading or deceptive conduct, breach of contract, defamation or injury to reputation, or other injuries or damage to business.

5.11 Cancellation

This clause shall not apply where you terminate this agreement and cease obtaining the Services from us pursuant to our General Terms & Conditions.

  1. You may cancel the Services (including where purchased, any managed service component of the Service) at any time upon 30 calendar days prior written notice.
  2. Cancellation of the Services by you will result in:
    1. a cancellation administrative fee of AUD $25 being payable;
    2. where you have not been provided with the Brief, full refund of the fees stated in clause 5.6(a)(i) and pro-rata refund of fees stated in clause 5.6(a)(ii);
    3. where you have been provided with a Brief and approval has been received or assumed, a pro-rata refund of the fees stated in clause 5.6(a)(ii) only;
    Subject to your payment of the applicable cancellation fee as specified in clause 5.11(b)(i), we will then process any refunds available to you.
  3. We may cancel the Services for the reasons specified in clauses 5.5(h) and 5.5(l) of these Service Terms. No refunds will be available.
  4. Cancellation of Services will not result in cancellation of any associated Hosting Service. If you want your associated Hosting Service to be cancelled at the same time, you must expressly advise us. Please note that additional cancellation costs may apply to the cancellation of an associated Hosting Service, and you should review the applicable terms and conditions of that service to determine what costs may be involved. Upon cancellation, we or our Supplier may delete all data, including your Content or files (including, without limitation, email files, if applicable) from their systems (including any storage media) without any liability to you whatsoever.

Additional conditions for Website Builder

5.12 There are no refunds or credits available to template based design services. Any template based design service sold as part of a package deal is not transferable or redeemable for cash or other services. It cannot be provided on an alternate domain name.

5.13 Template based design services are only available on domain names holding an active Netregistry hosting service. The service level required for the product needs to be 'Business Hosting' or above. The above clause 4 applies to all hosting components of this Service.

5.14 You will be able to select from a range of pre-existing website templates, and provide customised content (text and images) for population within the website. No alteration or modification to the design template is available.

Additional conditions for Do It For Me Website

5.15 Service

  1. The Service includes the building and customisation of a website for you (including populating with customised content) (Website) and ongoing support of the Website (on a monthly basis and subject to payment of the monthly fees).
  2. Specifications of your Website will be determined by your selected Service plan and outlined in the Service Description. The building and customisation of the Website includes the following:
    1. design based on inputs and instructions delivered by you (except where clause 5.15(d) applies);
    2. adding (including reformatting and resizing) (i) any logo provided by you (or creating a simple type based alternative), or (ii) images provided by you;
    3. adding copy provided by you, or writing unique copy based on inputs from you;
    4. changing the design and layout or functionality of any page or the skin (i.e. colour and fonts) based on your review;
    5. editing the search engine optimisation meta-data used to optimise the Website for search engines;
    6. integrating any supported social media and video assets you request; and
    7. basic set up of e-commerce features and functionality.
  3. Optional add-ons to add further components or functionality to your Website can also be purchased subject to additional fees (Add-ons). Add-ons will automatically renew on a monthly basis (unless specified otherwise) until they are cancelled by you or the Service is terminated. Full details of Add-ons can be found in the Service Description.
  4. You may supply us with Content for customisation of your Website. All Content must be submitted to us as requested.
  5. If you do not provide adequate Content or point to an existing website or other source of materials, we may proceed to build the Website utilising category specific pre-produced photos from our Content Library, which may be customise based on the details provided by you (e.g. contact details, description of your business and other relevant information).
  6. Should your selected Service plan include compatibility for a payment gateway system (Gateway), you agree and acknowledge that:
    1. it is your responsibility to select, set up and manage a Gateway which is compatible with our platforms;
    2. any fees or obligations concerning the Gateway is solely your responsibility; and
    3. we will not be responsible for any delays or impacts to the Service caused by the Gateway.
  7. If you have any objections or resistance to proceeding with the build and customisation of the Website, or to the publication of the approved Website, you must notify us via email and specify the reasons for your objections or resistance (such to be reasonable, and genuine issues raised in good faith). We will investigate those reasons, and attempt to resolve your issues and concerns. If a resolution is unable to be agreed within seven (7) calendar days from the day on which we became aware of your objections, then either party may cancel the Service.
  8. Completion of the build and customisation of the Website in a timely manner depends upon your responsiveness to any of our requests, and where applicable, provision of timely and complete feedback or approvals. We are not responsible for any delays in provisioning the Service which occur as a result of your failure to respond as requested or required.

5.16 Publication of Website

  1. We'll provide you with an opportunity to review the built Website, and provide us with any revision requests or approve the Website. If the Website is approved, or we receive no response from you within five (5) business days of our request, it will be published on the Internet to the domain name you have provided. The publication of the Website completes our obligations to you under these Service Terms, other than in respect of (i) our ongoing relationship as a service provider for the Website hosting and email components of the Service, and (ii) and the ongoing support of that Website (subject to your payment of ongoing monthly fees for the Service).
  2. You agree you are solely responsible for the back-up of any data, websites or information (including without limitation email files, databases, hosted files etc.) which may be replaced pursuant to the provision of the Services (including without limitation as a result of the publishing of your Website.

5.17 Terms for Website Hosting and Email Services

    Clauses 4 and 5 applies to the Website hosting and email components of the Service.

5.18 Intellectual Property

  1. You are solely responsible for ensuring that you have all appropriate rights and licenses to the Content supplied and utilised in the Website. All Content must be submitted electronically, should be copies and not originals, and should be of a high quality standard. Should any files be too large for electronic delivery, you must make arrangements for these to be delivered to us. We reserve the right, in our sole discretion, to refuse to use any Content we believe is objectionable or may infringe upon the intellectual property rights of others, or would be in breach of our Acceptable Use Policy. Unless we have otherwise expressly agreed, we will not return any Content to you, and you are responsible for maintaining back-up copies of all submitted Content. Under no circumstances will we be responsible or liable for any loss of, or damage to, any of your Content.
  2. Netregistry claims no ownership over your Content. You expressly grant us, and our supplier, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free licence to cache the entirety of the Website (including your Content). You agree that any such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
  3. Additionally, you grant us, and our supplier, a worldwide, perpetual, royalty-free, and sub-licensable license to:
    1. use in connection with producing the Website and delivering the Service, any Content and any pictures, images and voice recordings of the Client's facilities, properties or products or its employees, agents or clients where created by us (or our supplier)(if any) in the course of provisioning the Service (for clarity, also "Content"); and
    2. create, publish and use screenshots or depictions of your Website (including any Content) for our marketing activities (for example, creating marketing materials that show screenshots of the Service in which the Website (including any Content) is featured). You may withdraw consent to this use by notifying us in writing at netregistry@websitedoneforyou.com.au, and we will take reasonable steps to process your removal request.
  4. You represent and warrant that:
    1. you have full rights to use, broadcast and distribute the Content and documentary substantiation for all the claims made therein;
    2. Content is truthful and not misrepresentative or misleading and does not plagiarise, libel, defame or harm any party;
    3. your use of the Service will not invade the rights of privacy of any third party or otherwise infringe upon or violate the rights or property interests of any third party; and
    4. you will not use the Service except as permitted by these Service Terms.
  5. You agree you are responsible for obtaining any agreements and/or consents required of any third parties in connection with the grant of any licences to us (or our supplier) under this Service Terms.
  6. To the extent your Website contains any copy, images (including logos or photos), or any other content or material from our Content Library (Library Material), then we grant you a royalty-free, non-exclusive, revocable, worldwide license to, for the term of the Service,:
    1. use such Library Material on your Website; and
    2. use and create derivatives of your Website (which includes Library Material) in connection with advertising activities relating to you.
  7. Other than permitted under clause 5.18(f), you may not copy, modify, distribute, decompile, sell, rent, sublicense or translate any Library Material or grant any other person or entity the right to do so. Ownership of all Library Material shall remain at all times us or our supplier (or the relevant third party).
  8. Any Websites delivered by us under the Service are without any representation or warranty as to your ability to obtain trademark, copyright, or similar protections in any jurisdiction throughout the world. We expressly disclaim (i) all liability to you or any third party for any infringement of intellectual property or proprietary rights; and (ii) that we will be responsible for, or provide any advice or guidance in respect of, any potential intellectual property rights issues which may arise from your use of the Service (including without limitation the use of Content in your Website).
  9. We are not responsible for any Content contained in your Website, nor are we responsible for your use of the Website. You are solely responsible for ensuring your Website complies will all applicable laws and regulations, and does not infringe any third party's rights, at all times.
  10. Your access to, and continued use of, the Website is contingent upon, and at all times subject to, payment of the monthly fees for the Service. Except as otherwise expressly stated in these Service Terms, no other rights, titles or interests in the Website are granted to you.

5.19 Indemnity

  1. You agree to indemnify and hold harmless Netregistry, and its supplier, and their affiliates and their respective officers, agents, partners, directors, shareholders, suppliers, and employees from and against any loss, damages, liabilities, claims, demands, suits, expenses, including reasonable attorneys' fees, which any such party may incur arising out of or relating to:
    1. content or your modification, display and use of the Website;
    2. claims that your products or services are defective, injurious or harmful or violate the rights of any third parties;
    3. claims relating to any Gateway; and
    4. claims predicated on a breach by you of these Service Terms or the Contract.

5.20 Cancellation and Termination

  1. You may cancel the Service at any time upon written notice to us. Cancellation will automatically terminate (i) all access to the Website, and (ii) the Website hosting and email components. Cancellation of the Service will not result in cancellation of any other associated Netregistry services (eg. email services, SSL certificates etc.). Refunds do not apply for cancellations under this clause 5.20(a).
  2. On cancellation or termination of the Service, all licenses granted to you under these Service Terms shall immediately terminate.
  3. In addition to any other obligation in these Service Terms, upon cancellation or termination of this Service, we may delete all data, including any content, files (including, without limitation, email files, if applicable) from our systems (including any storage media) without any liability to you whatsoever.

5.21 Definitions

Content means any logos, pictures, slogans, art, Customer Data and other materials provided to us in connection with the Service, or which are uploaded/added by you directly through your use of the Service.

Content Library means a repository of pre-produced photos, images, logos, videos and other materials (which may include licensed third party materials).

Customer Data means all information regarding you (including without limitation any listing details, trade name, trade address, phone number, website address, contact information (including telephone, email or other), primary email address(es), contact name etc.) provided by you in connection with the Service.

6. Search Engine Optimisation Services

Service

6.1 You and Netregistry shall agree on the key phrase or keyphrases (depending on the Services that you have elected to obtain from us) in respect of which we will provide the Services (as the context requires, depending on the Services that you have elected to obtain from us (Agreed Keyphrase/s).

6.2 You agree to provide us with any information, material, excerpts of or links from or to any content (Your Web Site Information) on Your Web Site reasonably requested by us, to assist us with providing the Services to you. You acknowledge and agree that failure to comply with this clause 6.2 will amount to a material breach of contract and enable us to terminate the Services with all applicable remaining fees immediately due.

6.3 You agree that we may from time to time during the Service, propose changes to any website owned or operated by you in respect of which the Services are being provided (Your Web Site), including, without limitation, to suggest adjustments to Your Web Site in the event that search engine algorithms change, and which we consider might assist you in improving the ranking of Your Web Site (Optimisation Change(s)).

6.4 You hereby authorise us to develop a link exchange program whereby links to and from Your Web Site, and other websites and/or industry guides and/or directories, are established, and you hereby appoint us as your agent for this purpose. We agree to use all reasonable commercial endeavours to ensure that we do not insert links to and from Your Web Site to or from obscene, defamatory or sexually explicit websites and/or industry guides and/or directories.

6.5 We agree that we will not, and will not recommend that you, cloak any pages or hide same colour content on same colour background or otherwise knowingly use spam methods in an attempt to improve the ranking of Your Web Site in connection with the provision of the Services.

6.6 If you agree to provide us with FTP (file transfer protocol) access (FTP Access) to Your Web Site, we agree not to make any Optimisation Changes to Your Web Site, without your prior written consent to such Optimisation Changes.

6.7 In addition to clause 6.6, if you agree to provide us with FTP Access to Your Web Site (but not otherwise), you expressly grant to us a licence to cache the file and content of Your Web Site, including data and content supplied by you and/or third parties, whether or not Your Web Site is hosted by our Supplier. You agree that you shall be responsible for obtaining any agreements and/or consents required of any third party in connection with the grant of this licence to us. You also agree that any such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

6.8 In the event that you do not agree to provide us with FTP Access, we agree that any Optimisation Changes will be provided by us to you in writing.

6.9 We agree to provide you with monthly written ranking reports with respect to the Agreed Keyphrase/s (Benchmark Report).

6.10 If you request additional changes to Your Web Site other than those we have recommended or request any additional services beyond the scope of what is agreed in the Proposal then those additional changes or services will be subject to an additional change fee of $250 (inc GST) per hour.

6.11 You acknowledge and agree that:

  1. search engines vary in the time taken to index and include website submissions in their search results and that it may take several months for the performance of the Services to have any noticeable effect on Your Web Site’s rank or position in the search result of search engines;
  2. search engines may vary their search and ranking algorithms and policies at any time, refuse to accept the submission of any website or otherwise exclude any website from their directories at any time without reason; and
  3. it is possible for the rank or position of Your Web Site in the search results of search engines to decrease due to factors beyond our control, including changes in the algorithms and policies of search engines as referred to above, the optimisation and submission of competitor websites and competitors paying search engines to advertise or favour their websites, and
  4. the extent and amount of optimisation changes we make to your site may be limited by the particular structure of your website and its content management system
  5. we do not have any control over search engines and are not responsible for any delay in the performance of the Services caused by the conduct of any search engines, nor the impact of any of the above on you or your business.

Your Warranties

6.12 You warrant that:

  1. you have the right to provide us with Your Web Site Property, and, if applicable, FTP Access, with respect to Your Web Site;
  2. you will not alter, and will procure that no other person alters, any element of the textual content, content structure, graphical content and/or source code of Your Web Site, at any time during the Service, without our prior written consent;
  3. neither Your Web Site nor any of the content of Your Web Site (including, without limitation, any products and/or services that you may determine to offer for supply, or supply via Your Web Site, the Internet or otherwise, Your Web Site Information, and if applicable, any Optimisation Changes implemented by us or, by you or anyone on behalf of you) (collectively, Your Web Site Property) will infringe the intellectual property or any other rights of any third party;
  4. Your Web Site and Your Web Site Property will at all times comply with all laws required to be complied with by you; and
  5. Your Web Site and use of the Supplier services contemplated under this Agreement complies with all relevant policies of those third parties (for example, without limitation, you comply with the Google policies in relation to use of its AdWords service).
  6. Your Web Site Materials and our use of them are not and will not infringe the intellectual property rights of any third party, be obscene, offensive or defamatory, contain any malware and will not be used for any illegal or fraudulent purpose;
  7. any words or phrases included in Your Web Site Materials do not and will not contain the names of your competitors or any trade marks owned by anyone other than you;
  8. you are legally entitled to market and promote the products and services which are featured on Your Web Site and that you hold all approvals, licences and authorisations required to market and promote those products and services; and
  9. the content appearing on Your Web Site and Your Web Site Materials are complete, true and correct and not misleading or deceptive.

Our General Disclaimer of Warranties

6.13 To the extent permitted by law, neither Netregistry nor its Supplier, nor any employees, affiliates, agents, suppliers, third-party information providers, merchants, licensors nor the like (each a Relevant Party) of either Netregistry or the Supplier, make any warranties of any kind, either expressed or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement for the Services or any equipment provided, and all such warranties are hereby excluded.

6.14 You acknowledge and agree that nothing in this agreement shall constitute an express or implied warranty or guarantee by either us or our Supplier:

  1. concerning the results or success that may be obtained from the use of the Services;
  2. as to the accuracy, reliability or content of any information services or merchandise contained in or provided through the Services, or, for the avoidance of doubt, any information provided by us or our Supplier in any advice, report or communication to you or any other party;
  3. that the provision of the Services will result in the ranking of Your Web Site improving; and/or
  4. that the provision of the Services will result in an increased amount of traffic or users to Your Web Site; and/or
  5. concerning any market conditions (whether favourable or not) that may be in existence at the commencement of the Service will continue; and/or
  6. that the provision of the Services generally, or any software utilised by us to provide the Services, will not be subject to, or result in, either errors and/or delays.

6.15 You acknowledge that although we may suggest Optimisation Changes to you in connection with providing the Services, we nor our Supplier cannot and do not take any responsibility for Your Web Site or Your Web Site Property. Accordingly, you agree that you shall at all times be solely responsible for Your Web Site and Your Web Site Property notwithstanding the provision of the Services to you by us or our Supplier.

6.16 Without limiting the above, you acknowledge that our Services may require us to use, interface with or input information into Supplier's systems (including companies such as Google and Yahoo!) and you agree that we have no liability to the extent that the Supplier is unable to provide its services to you.

Indemnity

6.17 You will indemnify and defend Netregistry and its Supplier and all directors, officers, employees, and agents of Netregistry and its Supplier (each an Indemnified Party) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) incurred by any Indemnified Party arising out of, or directly or indirectly relating to:

  1. Your Web Site; and/or
  2. Your Web Site Property; and/or
  3. our role as your agent (and any action or inaction by us as part of that role); and/or
  4. any breach of this agreement by you; and/or
  5. the use of the Services by you.

Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, restrictive trade practices, misleading statement, misleading or deceptive conduct, breach of contract, defamation or injury to reputation, or other injuries or damage to business.

7. Pay Per Click (PPC) Advertising

Service

7.1 The Service includes the creation and customisation of a phone-call or web-click optimised pay-per-click advertising campaign (Campaign) and ongoing support of the Campaign (on a monthly basis and subject to payment of the monthly fees). Our monthly fee for the Service is stated in clause 7.2(d) below (see 'Management fee').

7.2 The creation and customisation of the Campaign includes the following:

  1. your keyword selection, in respect of which we will provide the Service;
  2. Ad creation, based on keyword selection and your business;
  3. Landing Page creation (included for 'Advanced' or 'Premium' service plans only, “custom” plans excluded (see below)), in the event you do not have an active DFY Website at the time of Campaign creation (for web-click Ads only); and
  4. establishment of Campaign budget, conditions of which are below:
    Bronze Silver Gold^ Platinum^
    Customer Monthly Spend $299 - $498 $499 - $998 $999 - $1998 $1999 - $3000
    Utilisation* Ad spend: 60%
    Management fee: 40%
    Ad spend: 70%
    Management fee: 30%
    Ad spend: 75%
    Management fee: 25%
    Ad spend: 80%
    Management fee: 20%

    * identifies percentage of Customer Monthly Spend (i) utilised for Ad spend, and (ii) retained as our management fee for provisioning the Service.

    ^ includes Landing Page creation.

7.3 In provisioning the Service, we may require the use of Content which you:

  1. agree to provide as requested by us; and
  2. agree we can replicate, copy, modify and otherwise use as necessary in provisioning the Service.

7.4 We will enter your Content (as required) into Google or other advertising channel interfaces. For 'Advanced' and 'Premium' service plans utilizing web-click Ads, those web-click Ads will (in the absence of a DFY Website) direct to a Landing Page (populated utilising category specific pre-produced content from our Content Library, which may be customize based on certain Content provided by you (e.g. contact details, description of your business and other relevant information)).

7.5 You acknowledge you have read and agree to:

  1. Google's advertising program (located at https://support.google.com/adwords/answer/1349488) and "Working with a third-party" disclosure notice (located at http://www.google.com/adwords/thirdpartypartners/); and
  2. any other applicable advertising channel terms and conditions.

7.6 You appoint us as your agent for the purposes of:

  1. creating, managing and operating an account with Google or other advertising channels as necessary to provision the Service; and
  2. agreeing on your behalf to terms and conditions pursuant to clause 7.5 above

7.7 Completion of the Campaign build and launch in a timely manner depends upon your responsiveness to any of our requests. Where requested, you must provide us with website information, visitor statistics and webserver logs in order for us to help detect anomalies relevant to the Services. We are not responsible for any delays in provisioning the Service which occur as a result of your failure to respond as requested or required.

7.8 You agree and accept that should you not have a DFY Website and your service plan does not include the creation of a Landing Page (pursuant to clause 7.2(c) above), your Campaign may be limited to phone-call based Ads only, unless you request we create a Landing Page (at additional cost).

Publication

7.9 Once we have created the Campaign, we will automatically publish to Google and other applicable advertising channels. You acknowledge and accept this may occur without your approval being requested, and you authorise us to publish in this manner. Once published, you will have the opportunity to review the Campaign and provide us with any revision requests.

7.10 If you have objections to the Campaign, you must immediately notify us via email and specify the reasons for your objections. We will investigate those reasons and, where we consider such objections to be reasonable, genuine issues raised in good faith, attempt to resolve.

Intellectual Property

7.11 You are solely responsible for ensuring that you have all appropriate rights and licenses to the Content supplied and utilised in the Campaign. We reserve the right, in our sole discretion, to refuse to use any Content we believe is objectionable or which we believe may infringe upon the intellectual property rights of others, or would be in breach of our Acceptable Use Policy. Unless we have otherwise expressly agreed, we will not return any Content to you, and you are responsible for maintaining back-up copies of all submitted Content. Under no circumstances will we be responsible or liable for any loss of, or damage to, any of your Content.

7.12 We claim no ownership over your Content. You expressly grant us, and our supplier, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free licence to use (and where necessary, cache) your Content. You agree that any such use or caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

7.13 Additionally, you grant us, and our supplier, a worldwide, perpetual, royalty-free, and sub-licensable license to:

  1. use any Content in connection with producing the Campaign and delivering the Service; and
  2. create, publish and use screenshots or depictions of your Campaign (including any Content) for our marketing activities (for example, creating marketing materials that show screenshots of the Service which feature the Campaign). You may withdraw consent to this use by notifying us in writing at netregistry@ppcdoneforyou.com.au, and we will take reasonable steps to process your removal request.

7.14 You represent and warrant that:

  1. you have full rights to use, broadcast and distribute the Content and documentary substantiation for all the claims made therein;
  2. Content is truthful and not misrepresentative or misleading and does not plagiarise, libel, defame or harm any party;
  3. your use of the Service will not invade the rights of privacy of any third party or otherwise infringe upon or violate the rights or property interests of any third party; and
  4. you will not use the Service except as permitted by clause 7.15.

7.15 You agree you are responsible for obtaining any agreements and/or consents required of any third parties in connection with the grant of any licences to us (or our supplier) under this Service Terms.

7.16 To the extent your Campaign contains any copy, images (including logos or photos), or any other content or material from our Content Library, then we grant you a royalty-free, non-exclusive, revocable, worldwide license to, for the term of the Service:

  1. use such Content Library for your Campaign; and
  2. use and create derivatives of your Campaign (which includes Content Library) in connection with advertising activities relating to you.

7.17 Other than permitted under clause 7.16, you may not copy, modify, distribute, decompile, sell, rent, sublicense or translate any Content Library or grant any other person or entity the right to do so. Ownership of all Content Library shall remain at all times us or our supplier (or the relevant third party).

7.18 Any Campaigns delivered by us under the Service are without any representation or warranty as to your ability to obtain trademark, copyright, or similar protections in any jurisdiction throughout the world. We expressly disclaim (i) all liability to you or any third party for any infringement of intellectual property or proprietary rights; and (ii) that we will be responsible for, or provide any advice or guidance in respect of, any potential intellectual property rights issues which may arise from your use of the Service (including without limitation the use of Content in your Campaign).

7.19 We are not responsible for any Content contained in your Campaign (for clarity, this includes Ads or Landing Page (if applicable)). You are solely responsible for ensuring your Campaign complies will all applicable laws and regulations, and does not infringe any third party's rights, at all times.

7.20 Your access to, and continued use of, the Service is contingent upon, and at all times subject to, payment of the monthly fees for the Service. Except as otherwise expressly stated in these Service Terms, no other rights, titles or interests in the Campaign are granted to you.

Indemnity

7.21 You agree to indemnify and hold harmless Netregistry, and its supplier, and their affiliates and their respective officers, agents, partners, directors, shareholders, suppliers, and employees from and against any loss, damages, liabilities, claims, demands, suits, expenses, including reasonable attorneys' fees, which any such party may incur arising out of or relating to:

  1. Your Content, keywords or modification, display and use of the Campaign;
  2. DFY Website (if applicable);
  3. Claims that your products or services are defective, injurious or harmful or violate the rights of any third parties; and
  4. Claims predicated on a breach by you of these Service Terms or the Contract.

Cancellation and Termination

7.22 You may place Campaigns on hold at any time at the conclusion of any minimum term (if applicable) by providing one (1) months prior written notice (On Hold). On Hold requests will automatically suspend all access to the Campaign. Campaigns may remain On Hold for a maximum period of six (6) continuous months, after which time they may be cancelled without notification. Restarting any Campaign which is On Hold is solely your responsibility.

7.23 You may terminate the Service at any time after the initial minimum term by providing one (1) months prior written notice. Cancellation will automatically terminate all access to the Campaign. Refunds do not apply for cancellations under this clause 7.23.

7.24 On cancellation or termination of the Service, all licenses granted to you under these Service Terms shall immediately terminate.

7.25 In addition to any other obligation in these Service Terms, upon cancellation or termination of this Service, we may delete all data, including any Content, files (including, without limitation, email files, if applicable) from our systems (including any storage media) without any liability to you whatsoever.

Definitions

Ad or Ads means search engine marketing advertisements created by us as part of the Service. Ads will be setup to link to either your DFY Website (if applicable), or to a Landing Page (if applicable).

Content means any logos, pictures, slogans, art, contact details and other materials/information you provide in connection with the Service, or which are uploaded/added by you directly through your use of the Service.

Content Library means a repository of pre-produced photos, images, logos, videos and other materials (which may include licensed third party materials).

DFY Website means your identified Netregistry Website Done For You.

Landing Page means a one-page website (hosted on a Netregistry selected and operated domain name) with content reflective of your DFY Website, or if you do not have a DFY Website, your advised business.

8. Virtual Private Server

Acceptable Use

8.1 You and your end users must abide by the terms of our Acceptable Use Policy. We reserve the right to suspend your service if you breach our Acceptable Use Policy and to terminate your service in the event of 3 suspensions of the service as a result of your failure to resolve issues that we have brought to your attention.

8.2 You will be charged for data traffic above and beyond the amount included you your plan. Excess traffic will be charged at the rate of $10/GB to the nearest whole GB.

8.3 The following activities are expressly prohibited:

  1. Any action or process that unreasonably consumes resources and degrades the shared environment for other users including but not limited to execution of scripts;
  2. Running standalone, automated server-side processes including but not limited to any daemon.
  3. Running any bit torrent application, tracker or client;
  4. Participating in file sharing or other peer to peer sharing activity
  5. Executing any script for longer than 180 seconds;
  6. Executing any database query that takes longer than 30 seconds to complete;
  7. Specifying cron tasks that execute more frequently than every 300 seconds.

Service Levels

8.4 Netregistry warrants that your uptime availability will be at least 99.9% except where failure results from:

  1. Failure or malfunction in relation to any device or equipment, any software or power supply outside our control, unless caused by our wrongful act or omission;
  2. Your act or omission or that of a person under your direction or control;
  3. scheduled maintenance completed within the notified maintenance window;
  4. a requirement, direction or any other order issued by an authority with jurisdiction over the service;
  5. unauthorised or illegal access by any third party to the systems used to provide the services including hacking, cracking, virus dissemination and denial of service attacks.

8.5 The uptime service level is not met if:

  1. Router packet loss is in excess of 50% and is sustained for 120 seconds or more;
  2. Latency across the our network exceeds 120 milliseconds, for longer than 300 seconds.

8.6 As your sole remedy for failure to meet the uptime service level, we will credit your account with a percentage of the monthly service fees as set out below:

Outage (in hours) Service Credit (percentage of monthly fees)
<0.7 – 7.2 10%
<7.2 – 14.4 20%
<14.4 – 21.6 40%
<21.6 – 28.8 60%
<28.8 80%

8.7 Processing of your claim will only occur upon the formal request from the customer via written correspondence through approved support channels. This request will only be accepted if it is made within the same calendar month as the relevant incident.

8.8 At your request, Netregistry will investigate any report of downtime, and attempt to remedy any downtime expeditiously. If Netregistry reasonably determines that all facilities, systems and equipment are functioning properly, and that downtime arose from some other cause, we can continue to investigate the downtime at your request and expense.

Support Services

8.9 Your service is defined as "unmanaged" unless specified otherwise. We will provide base installation of your operating system, network access and remote access via SSH or terminal services. You are responsible for management of the services beyond the initial deployment. Your responsibilities include but are not limited to updates, additional software installations or integrations.

8.10 Your obligations include:

  1. Documentation and prompt reporting of all errors or malfunctions of the hardware or software to us;
  2. Maintenance of a current archive copy of all software and data. In the event of a critical system failure, we will restore systems to the original configuration and you will be responsible for restoration of data.
  3. Maintaining security of your network and applications;
  4. Performing the role of "system administrator" which includes collection of tasks related to utilising system software; maintaining users, websites, email setting; configuration of databases; uploading content and any and all associated programming.

8.11 You acknowledge:

  1. Microsoft Windows and Linux operating systems tougher with any third party software may contain bugs. We provide no warranty in respect of the stability or security of the system for any particular function;
  2. Technical support is limited to hardware and network failures, unless you have acquired VSP Admin Services. Support relating to software or code is a billable professional service with a minimum charge of 1 hour.

8.12 We may designate for your use on a temporary basis IP addresses from the address space allocated to us by APNIC. You accept that the IP addresses are our sole property and are not portable if and when your service is terminated. We reserve the right to change IP addresses allocated to you at any time but will use reasonable commercial efforts to minimise any inconvenience to you.

9. The Web Security Product Suite

9.1 These Service Terms apply to Website Security Services and Website Hardening Service.

9.2 The Website Security Service will remotely review your website on a defined periodic basis and look for known signatures of misadventure, including but not limited to malware and virus infection, defacement, folder and directory insecurity. It will attempt to, where possible, remove inserted code and restore your site to a compromised position without adversely affecting the core operation or content of the website, and will provide a report of both identified issue(s) and remedy.

9.3 The Website Hardening Service will remotely monitor your website on a defined periodic basis and search for any both known exploits, and for signatures of unknown exploits. It will actively monitor installations of common open source CMS applications including Joomla!, Wordpress, Drupal and Django to ensure the base application is patched to the latest stable version and that common plugins for these applications are also secured to the latest patched versions, and that any other critical updates are identified and applied. It will also monitor known databases available on the public Internet to identify any adverse reputational listing including listing in blacklists and will also monitor the .htaccess file on the website to identify any common exploits to this file.

9.4 You understand and agree that we are unable to provide any warranty as to the efficacy of the products and that:

  1. The product only identifies the results of a hack or other misadventure. It specifically does not identify the cause or vector by which the site was compromised. The product does not offer any patching or other modification to website code to prevent a subsequent event from occurring;
  2. The product will attempt to remove any and all code identified as having been inserted into the site by an unauthorised party, however no guarantee is provided as to either the identification of all such inserted material, nor the removal of all material;
  3. The product offers no guarantee that once the site has been patched or otherwise re-mediated either wholly or partially that subsequent hack will not occur at any point in the future, or that any attempted remediation will be successful;
  4. We will make every reasonable endeavour to identify any malicious code inserted into your website, however provide no guarantee that every possible hack can and will be identified;
  5. You use the service at your own risk and that you will be solely responsible for any damage to your software, websites and data.

9.5 We will use all reasonable endeavours to either identify, remedy, otherwise secure or take all remedial actions for your website depending on the product that you have subscribed to. In the event that we are unable for any reason to identify or clean, or re-mediate in any way a compromised or infected website, your sole remedy is the refund of the service fee paid by you to monitor or otherwise re-mediate your website for the current billing period.

10. SSL Certificates

10.1 Domain Specific SSL Keys require a stand-alone IP Address to which the SSL key can be attached.

10.2 Netregistry provisions digital certificates via the Certification Authority, Geotrust. If you are purchasing or renewing a digital certificate or seal, you agree you accept the relevant terms and conditions of GeoTrust which is located at http://www.geotrust.com/resources/repository/legal/.

11. Trademark Registration Service

Service

11.1 We will use reasonable efforts to supply the Service in accordance with these Service Terms.

11.2 We may use third parties to act on your behalf in order to provide the Services. You appoint us as your agent in order to engage those third parties to act on your behalf and to instruct them in order to deliver the Services to you.

11.3 We may suspend or terminate this Service immediately (at our sole discretion) if we determine that there has been or may be any activity which may have a negative impact on our business or reputation (including illegal activity or infringement of any third party rights) or result in a breach of this Contract by you.

11.4 YOU ACKNOWLEDGE AND AGREE THAT:

  1. WE ARE NOT A LEGAL FIRM AND DO NOT PROVIDE LEGAL ADVICE;
  2. IN NO WAY WILL THE PROVISION OF THE SERVICES, OR ANY ADVICE RELATED TO THE SERVICES (REGARDLESS OF THE FORM OF SUCH ADVICE), BE CONSTRUED OR DEEMED AS A LEGAL SERVICE AND/OR LEGAL ADVICE;
  3. WE DO NOT PROVIDE ANY LEGAL OPINIONS OR ADVICE IN RELATION TO THE RESULTS OF SEARCHES PERFORMED (OR REPORTS GENERATED), OR YOUR POTENTIAL RIGHTS AGAINST ANY THIRD PARTIES; AND
  4. YOU ARE SOLELY RESPONSIBLE FOR DECIDING TO SEEK LEGAL ADVICE IN RESPECT OF ANY INFRINGEMENT OR INTELLECTUAL PROPERTY LAW QUESTIONS ARISING OUT OF THE SEARCH RESULTS, REPORTS OR THE SERVICES.

Use of Software and Reports

11.5 To the extent that the Services involve us providing you with any Software, or access to any website or computer software stored on our computer systems (Software), we grant to you a personal, non-exclusive, revocable licence to use the Software solely for the limited purpose of receiving the Service.

11.6 We retain all intellectual property rights which may have been utilised in the creation of any search results, analysis, reports, written advice or information (Reports) provided by us or the Software to you or any work performed by us in the course of providing the Services. We grant you a perpetual, irrevocable, non-exclusive, royalty-free licence to use the Reports for your respective internal business purposes (but not to disclose any Reports to third parties unless otherwise agreed in writing prior to that disclosure). Nothing in this Contract transfers to either party any intellectual property rights owned by the other party existing prior to the commencement of the Services.

11.7 You agree any use of Software must be in accordance with any documentation or written instructions provided to you by us.

11.8 Except to the extent expressly permitted by these Service Terms, you must not:

  1. allow any other person or third party to use any aspect of the Software or use the Software to process the data of any other person;
  2. copy, sell, mortgage, sub-license or reproduce the Software without our express permission;
  3. alter or remove any mark of ownership, copyright, patent, trademark or other property right which is embodied in the Software or any associated documentation;
  4. modify the Software or merge all or any part of the Software with other programs without our express permission;
  5. reverse disassemble, decompile or reverse engineer, or directly or indirectly allow or cause a third party to disassemble, decompile or reverse engineer the whole or any part of the Software or any locking or security device used or supplied with the Software, or otherwise attempt or allow any other party to attempt to obtain the algorithms by which the Software perform its functions; or
  6. export or otherwise transfer the Software outside the country in which it is provided to you.

11.9 You acknowledge and agree that processes implemented by the Software are protected by intellectual property rights and are owned or licensed by us. You also acknowledge and agree that should an unauthorised third party access the Software in connection with any act or omission by you, it may cause loss to us and render you liable to compensate us for such loss.

11.10 We make no warranties (express or implied) that we will find or present to you all such information that is publicly accessible or that the Services will uncover or appropriately identify all relevant information, or that the Services provided will deliver any particular outcome. The Software is provided to you on an "as is" and "as available" basis, without any warranty as to its availability or performance.

Your obligations

11.11 We will contact you only by email. You are solely responsible for receipt of correspondence sent to you. We are not responsible for your failure to receive correspondence sent to you due to any security or anti-spam system or any problems with your email system.

11.12 You must use the Software, Reports and Services in accordance with all applicable laws and must ensure that all information, directions and requests provided by you complies with all applicable laws. You must not use the Software or Services for the purpose of conducting or promoting any activities which are in breach of any applicable laws or any rights of any third party.

11.13 You warrant that:

  1. the information you provide to us is complete, true and correct in all respects;
  2. your instructions to us in relation to the Service and your use of our Services does not and will not infringe any third party rights anywhere in the world and is not illegal anywhere in the world; and
  3. if you are instructing us to provide Services on behalf of a third party, you are duly authorised to instruct us on behalf of that third party.

12. Managed Social Media

12.1 Service
  1. We will commence providing the Service after the fees payable for the first month have been received.
  2. The Service is limited to those brands agreed between us and you, and cannot otherwise be shared across multiple brands.
  3. The Services are commercial in nature, and you agree their provision constitutes a business to business relationship between you and us.
  4. You authorise us to set up, regularly access and modify profiles representing you on online social media platforms including, but not limited to, Facebook, Twitter, LinkedIn, Google+, Zomato, Instagram, Yelp, TripAdvisor, Pinterest, Foursquare and Yellow Pages (Social Media Profiles).
  5. You agree that we will not be responsible for any delays caused by any of the following reasons:
    1. should your account manager be unable to contact you at a mutually agreed time and date to discuss delivery of the Service;
    2. should you require more than 2 business days to review and approve via email any documentation, plans and/or any other collateral; or
    3. any other interaction between us and you that requires your input in order for the Service to be delivered.
  6. Should we suggest any content for your Social Media Profiles, you acknowledge that such content will have no association or reflect the view or opinion of us or any of our employees or suppliers. It is your responsibility to ensure that any suggested content by us is suitable for your purposes.
12.2 Facebook advertising
  1. Where a Facebook advertising add-on is chosen, we will plan for and use reasonable endeavours to spend the full amount each month. Subject to clause 12.2.b, there will be no refunds given or credits transferred to subsequent months if the full amount is not spent in a month.
  2. If the amount spent on advertisements is less than 80% of the nominated amount, the unused amount will be transferred to the budget for the next month.
  3. We are not obliged to provide any refunds for any portion of the nominated amount that has not been spent if the Services are cancelled for any reason.
  4. Add-on packs may be purchased on a month by month basis at any time.
12.3 Third party sites
  1. The provision of the Service may rely on websites operated by third parties outside our control (Third Party Sites). We're not responsible for availability, accuracy, legality or decency of material or copyright compliance of the Third Party Sites.
  2. Linking to Third Party Sites is entirely at your own risk and we're not liable or responsible for any advertising, products or materials on Third Party Sites.
  3. We are not responsible or liable in any way for any loss or damage you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon a Third Party Site.
12.4 Term & Termination
  1. The minimum term for Managed Social Media is three (3) months. You will be liable to pay all fees for the minimum term even if you terminate the Service before the end of the term.
  2. If you wish to terminate the Service at the expiration of the minimum term, you need to give 10 business days notice prior to the end of the minimum term.
  3. Upon completion of the minimum term, the Service will roll on a monthly basis. Any cancellation requests must be made no later than 10 days before the end of the next billing month.