1.1 In this document 'we' and 'our' means Domaindothost and 'you' and 'your' mean the customer.
1.2 This agreement outlines the terms and conditions that apply to any service you have signed up for with us ('the Services').
1.3 The Services you purchased are identified in the 'sign up' and the 'welcome' emails we sent you after we accepted your request for service. The specifics of the Services are detailed on our website.
1.4 In addition to these terms and conditions you must also comply with our Privacy Policy.
1.5 If you have registered one or more .AU domain names, you must also accept our Registrant Agreement.
2.1 You signified acceptance of these terms and conditions as well as our Privacy Policy, our Acceptable Use Policy, and our Customer Resolution Policy, when we accepted your order for Services.
3.1 This agreement commenced on the date we accepted your order for Services.
4.1 In these terms and conditions 'Service' primarily refers to our provision of space on one of our servers and a connection to and from the Internet for web, email and FTP services to the level specified in the package you selected, and domain name registration services.
4.2 We will use reasonable endeavours to provide continuing availability of our server fleet and the Service but we shall not be liable for Service interruptions or down time of the Service.
4.3 We will attempt to perform all scheduled maintenance at times which will affect the fewest customers. If scheduled maintenance requires the Service to be offline for more than 30 minutes we will post details of the scheduled maintenance at least 48 hours in advance of the maintenance. If we need to perform unscheduled maintenance that requires the Service to be offline for more than 30 minutes, we will post details of the event after the maintenance has been completed.
5.1 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. 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.
5.2 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 that you 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.
5.3 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.
6.1 You acknowledge that we are not obliged to renew your domain name if you do not confirm to us that the domain name should be renewed. In such circumstances we are not liable for any loss or damage resulting from non-renewal of your domain name. We may not renew your domain name where you have unpaid invoices or if you are in breach of any terms of your use of our services.
6.2 You must ensure that your contact details on our records are current at all times. We will use those contact details to notify you of anything which affects the Services and do not take any responsibility for any loss, damages or expenses you incur if we have been unable to contact you because you have not kept your contact details up-to-date.
6.3 If you close your account with us but do not transfer your domain name to another registrar, you agree that we may contact you after account closure to remind you of domain name renewals.
7.1 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 reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms. You also have also read, agree and understood ourDisclaimer
7.2 You warrant that you will keep secure any passwords used with the Service and that you hold and will continue to hold the copyright in your data or that you are licensed and will continue to be licensed to use that data.
7.3 You further warrant that at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced.
7.4 You undertake that you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the server does not contain any computer virus and will not in any way, corrupt the data or systems of any person.
7.5 You also agree that you are solely responsible for dealing with persons who access your data and that you will not refer complaints or inquiries in relation to such access to us.
7.6 You warrant that if you are not the Customer, you have the power and authority to enter into this agreement on behalf of the Customer and will indemnify Domaindothost for any breach of this agreement by the Customer.
7.7 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:
7.8 If your use of our Services involves storage, processing or transmission of or access to any credit cardholder data, you warrant that the tools, programmes, processes and technologies you use to do so comply with the Payment Card Industry Data Security Standard ("PCI Standard") which is available at https://www.pcisecuritystandards.org. If you breach this warranty, Domaindothost may terminate this agreement immediately upon written notice to you (which may be delivered by email to the person identified in your account details we have on our records as your authorised contact, or by logged job), and without prejudice to any other rights it may have under this agreement or at law.
7.9 You indemnify us against all claims arising out of your registration and use and renewal of registration of your chosen domain name, unless and to the extent that the claim arises out of our breach of this agreement, or our negligent act or omission.
8.1 We do not warrant that:
8.2 Except as expressly provided to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
8.3 To 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 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.
8.4 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services will 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.
8.5 In no event will 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.
8.6 In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement, where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to the Act, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specified in this agreement) to:
8.7 We specifically exclude any warranty as to the accuracy or quality of information received by any person via your server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to your data stored on the Server.
8.8 We may from time to time run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at DomaindothostŐs discretion. The terms of a promotion will override these terms to the extent of any inconsistency.
9.1 We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due
9.2 We may suspend or terminate your account if you breach any of these terms and conditions, or if you become insolvent or you are declared bankrupt.
9.3 From time to time we may have to suspend or disconnect the service without notice or deny your access to the Service during any technical failure, modification or maintenance involved in the Service. We will use reasonable endeavours to procure the resumption of the services as soon as reasonably practicable. In these circumstances you will remain liable for all charges due throughout the period of suspension.
9.4 If your account has been suspended or terminated due to your breach, reactivation of your account will be completely at our discretion. If we agree to reactivate your account, we will require payment in full of all outstanding amounts and payment of a reactivation fee.
9.5 If you wish to terminate your account with Domaindothost, you must do so by completing the form at cancellations, 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, Domaindothost will not accept verbal instructions to terminate an account. Submission of the form at cancellations 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 Domaindothost.
9.6 On receipt of your cancellation request, Domaindothost will cancel your service at the first available opportunity.
9.7 There are no refunds or credits, once an invoice is generated, unless an invoice for a service is generated after a cancellation requested is submitted.
9.8 If your account is closed for whatever reason you must pay all outstanding charges immediately and we may delete all Customer Data from any storage media. Failure to pay all outstanding charges may result in your account being passed to a third party collection agency.
9.9 Domaindothost reserves the right to refuse to supply services to a potential customer who has previously had its account with Domaindothost terminated for breach. In this clause, "potential customer" includes:
9.10 Domaindothost may without notice to you remove, amend or alter your data upon being made aware of:
9.11 On termination of this agreement 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.
10.1 All charges payable by you to us for the Services will be in accordance with the relevant scale of charges and rates published from time to time by us on our website and will be due and payable within seven (7) days of receipt of our invoice. You must pay all Service charges, traffic and/or storage charges and other amounts incurred by you or any designated users or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option selected and in advance. Where a billing option does not specify otherwise, all Service charges are payable within 14 days of the date of invoice (whether online or paper invoice).
10.2 If you exceed our seven (7) day credit terms, you will be charged a $9.95 late payment fee. A revised invoice will be sent to your nominated e-mail address.
10.3 Prices published on our web site are inclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities.
10.4 In addition you must provide and pay for:
10.5 The provision of Services is contingent upon our having received payment in full from you in respect of the Services we provide and your payment screened for fraud. 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, at our discretion, to suspend the provision of Services to you.
10.6 If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 10% per annum, from the due date of the payment.
10.7 You must pay all amounts billed in accordance with your billing option. No credit terms are given to credit card accounts. Upon registration of a credit card account, you give us authorisation to debit your credit card for all charges. Billing period is on a monthly cycle beginning when you register. If you register after the 28th of each month, your billing date becomes the first of the next month. You will be charged in AUD (Australian dollars).
10.8 You consent to us obtaining a credit reporting agency report containing personal information about you (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.
10.9 No refunds will be given for unused portions of payments in advance (excluding rolling fixed period contracts for Services other than domain name registrations) unless the account has been terminated due to Domaindothost's breach of these terms and conditions. If you terminate a rolling fixed period contract before the end of its term, you will be charged at the monthly rate for your Service for the period that it is supplied to you.
11.1 We will archive your data on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your web site. You must maintain a recent copy of your data at your premises at all times. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient data recovered from our backups.
12.1 You agree that we can use spam and virus filters and that this may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that we will not be liable for any loss or damage resulting from the use of spam or virus filters.
13.1 The Service is provided by Domaindothost from its data centres in Australia. Domaindothost will determine in its absolute discretion from time to time the data centre location from which your Service is provided. Domaindothost reserves the right to migrate your web site to a new operating system platform if our operating system supplier ceases to provide support for the legacy operating system, or if the server from which the service is provided fails or, in DomaindothostŐs opinion becomes unreliable. Domaindothost does not take any responsibility for web site failure if you have not checked the operation of your web site post-migration and notified us of any required changes to the web site configuration.
14.1 In contracting with Domaindothost for Services, the Customer obtains no rights to the hardware and other infrastructure and facilities used by Domaindothost to deliver the Service.
15.1 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.
16.1 You may not resell Services or assign your rights and obligations under this agreement without our prior written consent.
17.1 We may change the terms and conditions of this agreement at any time. Details of our current terms will always be available on our website.
18.1 These terms and conditions constitute the entire agreement between Domaindothost and you. It supersedes 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 Domaindothost.
19.1 These terms and conditions are governed by the laws in force in Victoria. Both parties agree to submit to the exclusive jurisdiction of the Courts of that State.
20.1 In addition to general Account, Billing and Service communications, Domaindothost 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 sending an email to unsubscribeme@domaindothost.com.au or by following 'unsubscribe' instructions contained within the communcitions
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.