Our Policies

Domainz Standard Terms and Conditions

Date:      May 2011

These are the standard terms and conditions for the supply of domain names, hosting services, email services, eBusiness services and any other products and services that may be offered from time to time by Domainz Limited ("Service(s)"). These terms and conditions apply to you as a user of the Services ("Customer" or "you" or "your"). Please read these terms and conditions carefully.

1.             Terms and Amendment Procedure

1.1          These are the terms upon which we agree to provide the Services to you. In addition to these terms, you must also comply with:

(a)           Any specific Policies for domain names you acquire;

(b)           Terms and Conditions which apply to Services you acquire;

(c)           Our Acceptable Use Policy ("AUP"); and

(d)           Our Privacy Policy.

1.2          We may vary any of the policies or terms referred to above, the amount we charge for any Service (excluding Services supplied under a fixed contract period), or the terms of the operation of any Service at any time by general notice on a page of the Internet referred to on the home page of the Domainz Website.  The changes will become effective upon publication of the notice.  Where we vary the prices for Services you are receiving (excluding Services supplied under a fixed contract period), we will give at least 30 days notice of the change by the same means and the new prices will apply at the end of that period.  If you use the Services after publication of any changes, your use will constitute an acceptance of the amended terms and prices.

1.3          These terms constitute the agreement in its entirety and supersede prior agreements ("Agreement").To the extent any inconsistency occurs between a term of this Agreement and any Terms and Conditions or Policies referred to in clause 1.1, those Terms and Conditions or Policies shall have priority.

 

2.             Services

2.1          You must ensure that all details and information you give Domainz is accurate, complete and current at all times.  We will use those details to notify you of anything which affects the Services and we do not take any responsibility for any loss, damages or expenses you incur if we have been unable to contact you because you have provided inaccurate or incomplete details, or you have not kept these details up-to-date.

2.2          You shall at all times keep secure any passwords and log-in details used with the Services.  You agree that Domainz cannot and does not know whether you have given access (whether knowingly or not) to your account or to the Services to any other person.  You therefore agree that you are responsible for when, how and by whom your account and the Services are used.

2.3          You are solely responsible for any of your data and content (whether supplied by you or third parties) and for any other files (including, without limitation, email files) residing on the Services.  You are responsible for dealing with persons who access your data and content and must not refer complaints or inquiries in relation to such data to us.

2.4          You agree that you are solely responsible for the back-up of your content and any other files (including, without limitation, email files) unless otherwise agreed with Domainz.

2.5          Domainz or its suppliers may be required to perform maintenance from time to time, including but not limited to our servers. We will attempt to perform all scheduled maintenance at times which we believe will affect the fewest customers. We will attempt to provide you with notice of any maintenance downtime, except when circumstances beyond the control of Domainz or its suppliers prevent either Domainz or its supplier from doing so.

 

3.             Your Warranties and Indemnities

3.1          You warrant that:

(a)           you are an identifiable individual over the age of 18 years of age, or, a legally constituted organization;

(b)           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 us for any breach of this agreement by the Customer;

(c)           you will conduct such tests and computer virus scanning as may be necessary to ensure that any data uploaded by you to the Services does not contain any computer virus and will not in any way, corrupt the data or systems of any person;

(d)           you have not entered into this Agreement 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 Domainz or its suppliers which has not been stated expressly in this Agreement, or in any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced.

3.2          You indemnify us against all costs, expenses, loss or liability that we may suffer resulting from:

(a)           your breach of these terms (including the AUP and Privacy Policy);

(b)           your use or misuse of the Service;

(c)           the use or misuse of the Service by any person using your account; and

(d)           publication of defamatory, offensive or otherwise unlawful material on any web site forming part of your service.

3.3          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, Domainz may terminate this agreement immediately upon written notice to you, and without prejudice to any other rights we may have under this agreement or at law.

4.             Domainz' Obligations

4.1          Domainz will endeavour to provide the Services with due care and skill, however we do not guarantee or represent any Services provided will:

(a)           be uninterrupted or error free;

(b)           meet your requirements, other than as expressly set out in this agreement;

(c)           be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorized access to the services or systems of Domainz.

4.2          Domainz does not investigate whether or not any Customer is entitled to register or hold any rights in a domain name or request any other Services. By registering a domain name, Domainz is not acknowledging that any person has any rights in the name or words comprised in the domain name and does not authorise any person to use the domain name in the course of trade.

4.3          All conditions and warranties, which may be implied by law into this agreement, are excluded except to the extent that it would be unlawful to do so. The above limitations and exclusions do not limit any rights a consumer may have under the Consumer Guarantees Act, except where goods or services are required for the purposes of a business, in which case the guarantees under the Consumer Guarantees Act 1993 shall not apply.

4.4          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 profit, failure to realize 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.

4.5          Other than liability under the Consumer Guarantees Act 1993, our total liability for loss or damage of any kind not excluded by 4.4, however caused is limited to the amount of the fees paid by you to Domainz for the Service in the month immediately prior to the event of liability.

 

5.             Invoicing and Payments

5.1          You must pay for the Services as notified to you by Domainz in accordance with Domainz's prices for Services as set out on www.domainz.net.nz ("Domainz Website") from time to time, including if you have elected to manage your own domain name, or have appointed an Approved Domainz Provider to manage your domain name which does not supply billing services to you. An "Approved Domainz Provider" is an organisation which provides registration services to a registrant upon the terms of an Approved Domainz Provider contract with Domainz.

5.2          Domainz has no obligation to record the registration of any domain name, or begin provisioning any Services, if Domainz has not received the applicable fees for that domain name or Services.

5.3          You must pay all Service charges, and other amounts incurred by you or any designated users or incurred as a result of any use of your account (whether authorized or not), in accordance with the billing option selected and in advance.  Customers on monthly billings are required to make payments by way of a direct debit from their bank account, or direct credit from a credit card.  Customers will be provided with notice of the impending automatic debit or credit deduction. Excess traffic and/or storage charges will be invoiced monthly in arrears.

5.4          You authorise us to obtain from and give to credit reporting agencies and other credit providers certain information about you so that we may manage your account with us. This information may include personal details such as your name, address, date of birth, company details and address, credit history and creditworthiness, credit standing with us and credit capacity. We reserve the right to refuse your application for, monitor ongoing usage of, or restrict your access to the Services on the basis of our assessment of credit information relating to you. You are entitled to see and correct any credit information we hold about you. You also authorise us to exchange information about you and your account with us to our suppliers, agents and contractors, and use that information for account management and business planning

5.5          All fees are non-refundable.

 

6.             Hosting and Email Services

6.1          This clause 6 applies if Domainz is providing you with any hosting service (including any web and email service).

 

6.2          If Domainz provides you with hosting services for a domain name, you may obtain any web and email service from Domainz in connection with the domain name. In relation to .nz domain names, You agree on your own behalf, and on behalf of the registrant of any .nz domain name (if you are acting as the agent of the registrant) that the web and email services are not available for registrants of Moderated Domain Names (as that phrase is defined in the .nz Domain Name Registration Agreement located at  www.domainz.net.nz/about/policies/ ).

 

6.3          Domainz may modify, enhance or withdraw any hosting service (including web and email

service) by posting notice on the Domainz Website 30 days before the change is to take effect.

6.4          Domainz does not provide website maintenance services in respect of any hosted website.

Without limiting this exclusion, you also agree that Domainz accepts no responsibility for any deficiency or inaccuracy in any hosted website that is attributable to defects in that website.

 

 

7.             Suspension and Termination

7.1          We may cancel a domain name, or suspend or terminate a Service if you fail to comply with any provision of this Agreement (including failure to pay fees due), or do, or allow to be done, anything which in our reasonable opinion may have the effect of jeopardising the operation of the Service.

7.2          You may cancel a domain name or terminate a Service by providing written notice to us, however, you acknowledge that:

(a)           you will not be entitled to a refund of any fees paid in advance; and

(b)           if you have a fixed contract period Service with monthly billings, you will be liable to Domainz for any unpaid portion of that Service.

7.3          You agree that the cancellation of a domain name under clause 7.2 or deletion of a domain name under clause 7.5(b) will not result in the cancellation of any other Services you are receiving which are reliant upon and applicable to the domain name. You will continue to be billed for these Services.

7.4          We may terminate this Agreement with you and cease providing Services (other than Services for a fixed contract period) for any reason, on one month's written notice to you.  With respect to Services for a fixed contract period, the notice will not expire before the end of the fixed contract period.

7.5          In relation to domain names, this Agreement will automatically terminate if:

(a)           a registrant transfers its domain name from Domainz to another Registrar in accordance with the applicable policy for the domain name; or

(b)           a registrant's  domain name licence expires and is not renewed by the registrant prior to the deletion of the domain name.

Termination of this Agreement in respect of domain names will not affect this Agreement in relation to other Services you are receiving from Domainz.

7.6          Domainz reserves the right to refuse to supply Services to a Potential Customer who has previously had an account with Domainz which was either terminated for breach, or has any unpaid fees remaining on it. In this clause, "Potential Customer" includes:

(a)           (if the Potential Customer is a corporation) its Related Company  (as that phrase

is defined in the Companies Act 1993); and

(b)           (if the Potential Customer is an individual) any corporation in which the potential customer

was at the relevant time an officer or shareholder, or a Relative of a shareholder (as that

phrase is defined in the Companies Act 1993).

 

7.7          If we become aware that you have failed to comply with any provision of the AUP in relation to any Services, or have done, or allowed to be done, anything which in our opinion may have the effect of jeopardising the operation of the Services, in addition to any other rights of Domainz under this Agreement (including, for the avoidance of doubt, under the AUP), we may immediately take corrective action, including suspension of any and all Services  or termination of this Agreement and your Services, immediately, by written notice to you. In the event that any such corrective action due to a violation of the AUP occurs, you will not be entitled to a refund of any pre-paid fees.

 

8.             General

8.1          Unless otherwise agreed in writing, these Standard Terms and Conditions contain all the terms of our relationship (other than those applicable Terms and Conditions or Policies referenced in clause 1.1) and continue to apply no matter where you are located or where you reside at the time any of the Services are provided, and shall continue to apply until these Standard Terms and Conditions are either cancelled or terminated, except as otherwise stated in these Standard Terms and Conditions.

8.2          Domainz may transfer its rights and obligations under these Standard Terms and Conditions to any third party upon prior written notice to you.

8.3          If any provision of these Standard Terms and Conditions is held to be unenforceable in whole or in part all other provisions contained herein shall continue to be valid and enforceable.

8.4          If a provision of these terms is illegal, void or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these terms will not be affected and these terms will be read as if the relevant part had been deleted in that jurisdiction only.

8.5          These Standard Terms and Conditions shall be governed by New Zealand law and the courts of New Zealand shall have exclusive jurisdiction to hear and determine any dispute arising in relation to these Standard Terms and Conditions.

8.6          To the extent permitted, the parties agree that:

(a)           all the Services are provided under New Zealand law;

(b)          where you or any party for whom you are acting as agent supplies incorrect information regarding a domain name or Service, and Domainz incurs costs in any matter concerning that domain name or Service, Domainz may recover those costs from you.

8.7          You agree that any dispute or claim you may have, arising out of or in connection with these Standard Terms and Conditions, must be brought within 60 days from the date on which the event giving rise to the dispute or claim occurred.

8.8          The cancellation or termination of these Standard Terms and Conditions will not affect any rights or obligations that have arisen prior to such cancellation or termination of these Standard Terms and Conditions, and which by their nature survive (or should survive) the cancellation or termination, including, without limitation, any warranties, indemnities and limitations of liability provisions.