Standard Policies & Agreements

1. Introduction & Definitions

Welcome to the Web Address Registration website (this "Site") which is owned and operated by Web Address Registration Pty Ltd (ACN 154 051 699), an Accredited Registrar with .au Domain Administration Ltd.

These terms of use are a legal agreement ("this Agreement" or "these terms") which sets forth the terms and conditions which govern your use of this Site, as well as the products and services (individually and collectively, the "Services") found at this Site.

By engaging in the provision of services with Web Address Registration Pty Ltd you irrevocably agree to be bound by these terms, rules, policies and regulations noted herewith. If you do not agree to be bound by these terms, you must ensure you do not indicate to us your acknowledgment and agreement to be irrevocably bound by these terms.

In these terms, references to "we", "us", "our", and so on shall refer to Web Address Registration Pty Ltd. In these terms, references to "you", "customer", "user", "your" and so on, shall refer to the person who requests or utilises the provision of this Site, or any Services provided by us.

In these terms, references to "Services" include any product, license, package or account offered by us.

In these terms, references to "Days" shall refer to calendar days, unless specified otherwise.

In these terms, references to "Supplier" shall refer to any third party which provides a product/service which we resell/offer to you.

1.1 Representations you make about yourself

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law.

By using this Site, or by applying for, renewing, transferring, taking ownership, or using any Services found at this Site, you irrevocably undertake, represent, warrant and agree that:

1. You are at least 18 years of age, and that we may terminate this Agreement immediately without providing a refund if we discover that you are under 18 years of age at the time of entering into this Agreement;
   
   The Registered Name Holder shall provide us with accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation;
2. Where you act on behalf of a corporate entity, you have the legal authority to bind such corporate entity to these terms, in which case the terms "you", "your", "User" or "customer" in this Agreement shall refer to such corporate entity. If, after your agreement to these terms, we learn that you do/did not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these terms. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right (but undertake no duty) to require additional authentication from you;
3. You shall not permit any other person to use your username in order to gain access to the service, nor shall you divulge to any other person any password which you may from time to time use in gaining access to the services. If your password becomes known, you will inform us immediately. We may require you to change your password where considered necessary, and
4. You agree at all times to indemnify us for any expenses, costs, damages, penalties, imposts and any other liabilities we incur from time to time, whether directly or indirectly, as a result of you transmitting or receiving or in any other manner using any information, which transmission, receipt or use is facilitated by or connected with the provision of services to you, including without limitation liability for breach of copyright or any other intellectual property rights.

1.2 Terms governing your account

In order to access some of the features of this Site or use some of the Services found at this Site, you will have to activate an account ("Account"). You represent and warrant to us that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If we have reasonable belief that your Account information is untrue, inaccurate, out-of-date or incomplete, we reserve the right to suspend or terminate your Account.

A Registered Name Holder's willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to us, or its failure to respond for over fifteen (15) calendar days to inquiries from us concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration.

You are solely responsible for the activity that occurs on your Account, whether authorized by you or not. It is your responsibility to ensure your Account information is secure, including without limitation your customer number/login, password, payment method(s), and shopper PIN. For security purposes, we recommend that you change your password and shopper PIN at least once every three (3) months for each Account you have with us. You must notify us immediately of any breach of security or unauthorized use of your Account. We will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss we or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm.

1.2.1 We may provide notice to each new or renewed Registered Name Holder stating:

• 1.2.1.1 The purposes for which any Personal Data collected from the applicant are intended;
• 1.2.1.2 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
• 1.2.1.3 Which data are obligatory and which data, if any, are voluntary; and
• 1.2.1.4 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them.
• 1.2.1.5 The Registered Name Holder shall consent to the data processing referred to in Subsection 1.2.1
• 1.2.1.6 The Registered Name Holder shall represent that notice has been provided equivalent to that described in Subsection 1.2.1 to any third-party individuals whose Personal Data are supplied to us by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in Subsection 1.2.1.5 of any such third-party individuals
• 1.2.1.7 We agree that we will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Subsection 1.2.1 above.
• 1.2.1.8 We agree that we will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
• 1.2.1.9 The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
• 1.2.1.10 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of Western Australia.
• 1.2.1.11 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by us or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
• 1.2.1.12 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration.

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

2. Acceptable use & general conduct

You irrevocably agree that it is your responsibility at all times to:

• Use our service and services in a manner which does not violate any applicable laws or regulations
• Respect the conventions of the newsgroups, lists and networks that you use
• Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our Service;
• Respect the privacy of others
• Use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
• Refrain from acts that waste resources or prevent other users from receiving the full benefit of our Services
• Ensure your use of our Services remains ethical and in accordance with accepted community standards

It is not acceptable to use our Service(s) and you irrevocably agree that you will not use our Service(s) to:

• Violate copyright or other intellectual property rights or publish any material that infringes any third party's intellectual property rights or any other rights;
• Illegally store, use or distribute software; transmit threatening, obscene or offensive materials;
• Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language;
• Misrepresent or defame others;
• Commit fraud;
• Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
• Damage, modify or destroy the files, data, passwords, devices or resources of us, other users or third parties;
• Engage in misleading or deceptive on-line marketing practices;
• Conduct any business or activity or solicit the performance of any activity that is prohibited by law;
• Make an unauthorised transmission of confidential information or material protected by trade secrets;
• "Spam" or engage in "spamming" activities, or sending unsolicited commercial activities;
• Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material;
• Post or transmit defamatory, harassing, abusive or threatening language;
• Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
• Facilitate a violation of this clause and Acceptable Use Policy; or
• Perform any other action through utilization of any service which we deem unsatisfactory.

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.

You must at all times comply with law. You irrevocably agree that you will also be in breach of this Agreement on violation of state, federal or international laws.

You irrevocably agree that any breach of this clause can result in immediate termination of services and loss of all data held on provided services, and you release us, our staff and our suppliers of any liability resulting in such instances.

3. Liability & indemnity

You expressly and irrevocably 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 or use of Services, 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.

TO THE MAXIMUM EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN.

You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of Services or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Services which are the subject of any such claim. You agree to defend, indemnify and keep indemnified and hold us harmless from any:

• Loss of business, contracts, profits or anticipated savings;
• Loss of business, contracts, profits or anticipated savings;
• Loss of data or inability to retrieve data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries, and any service interruption not caused by us;
• Injury to person or property allegedly caused by any products sold or otherwise distributed in connection with us;
• Negligence, misconduct, or breach of this agreement by you;
• Incomplete, inadequate or otherwise problematic use of any Services by you;
• Omission or failure by you to obtain appropriate advice, including legal advice, in respect of any Services or this Agreement prior to making a purchase;
• Incomplete, inadequate or lack of knowledge and experience necessary for use of any Services;
• Allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets due to the information you have provided us, and
• Damages including but not limited to indirect, special, incidental, consequential or exemplary damages allegedly arising out of, resulting from, incidental to, or in connection with this Agreement or Services.

You understand that should we be notified of pending legal action, we may seek written confirmation from you concerning your obligation to indemnify us under this Agreement in accordance with these terms, and you expressly and irrevocably agree that failure to provide such confirmation may be considered a further breach of this Agreement.

Where to do so is unlawful under any Act falling under the governing law of this Agreement, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit of a non-excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling under the governing law of this Agreement, 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 specifically set forth herein) to either the supplying of the service/product again or payment of the cost of having the service/product supplied again.

You expressly and irrevocably agree that this clause survives the expiry and/or termination of Services or this Agreement.

Should any part of these terms be made invalid by relevant legislation, that wording shall be deemed to be omitted and the remainder of the terms shall remain in force.

4. General privacy policy

This policy governs the use and disclosure by us of personal information of our users and outlines how users can access that information. It is only applicable on the assumption that:

• You provide us with all information marked as compulsory on the relevant application forms
• You warrant that all information provided to us is complete, accurate and up to date at all times

4.1 Information that is collected

We collect or maintain the following personal information about our users:

• Name
• Address
• Telephone Number
• Email Address
• Username & Password
• Credit Card Details (if applicable)

This information will be collected with your knowledge and participation. If you choose not to provide this information we may decline to accept your registration. It will not be possible for you to deal with us anonymously.

4.2 Cookies

Our website may track user access sessions using cookies, without your specific knowledge or participation, by automated means in the course of your use of our network. Cookies are a Web browser technology that is used to improve your experience of using our website, but are not used to record any personal information. You may disable cookies in your Web browser at the cost of some possible loss of functionality in your use of our website.

4.3 Sensitive information

We will not collect information revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or details of health, disability or sexual activity or orientation, unless compelled to do so by law.

The personal information we collect may be used for the following purposes:

• To administer our network;
• For billing purposes;
• For any other purpose for which you would reasonably expect your personal information to be used;
• For any other purpose authorised by the National Privacy Principles set out in the Privacy Act of 1988.

4.4 Disclosure of your personal information

Your personal information may be disclosed in the following circumstances:

• To our authorised officers and our agents for the purpose of administering our network or for billing or credit collection purposes
• Under compulsion of law, for example if a warrant or court order is received
• To lessen or prevent a serious and imminent threat to an individual's life or health
• To you or with your consent;
• For any other purpose authorised by the National Privacy Principles set out in the Privacy Act of 1988

Otherwise we will use reasonable endeavors to avoid the disclosure of your personal information, save that aggregated demographic information may be disclosed so long as the information is unable to identify you or any other individual.

4.5 Accessing your personal information

You can contact us to request a copy of your personal information by emailing our Privacy Officer at ceo@crazydomains.com. The Privacy Officer shall attend to your request on a confidential basis within 14 days of the request being received. No fee will be levied for access to this information.

4.6 Refusal of access

Access of your personal information may be refused if:

• Providing access would pose a serious and imminent threat to life or health of a person
• Providing access would create an unreasonable impact on the privacy of others
• The request is frivolous and vexatious
• Denial of access is authorised or required by law
• For any other reason authorised by the National Privacy Principles set out in the Privacy Act of 1988

4.7 Data quality

We will use all reasonable endeavors to ensure the accuracy and quality of the information collected about you. Should personal information that you know has been collected about you change, it is your responsibility to bring the changes to our attention which you may do by email to the Privacy Officer at ceo@crazydomains.com.

4.8 Data security

We will endeavor to keep your personal information as secure as reasonably possible. Without limitation, registration information is not accessible over the Internet, but only from a secure password-protected internal workstation. Our Internet server utilises a modern Linux-based operating system that is maintained with the latest available security patches and updates.

5 Notification

You irrevocably agree that we may provide notification or communication by:

• Emailing the notice or hyperlink to a webpage that contains the notice, to the most recent electronic contact address supplied to us
• Faxing to or calling the most recent number supplied to us
• Ordinary mail/hand delivery to the most recent postal address supplied to us
• Any other method permitted by law

You irrevocably agree that any notification or communication is deemed to have been received by you as follows:

• If it (or hyperlink to it) is emailed: one hour after it leaves our mail server
• If it is faxed: when issued successful delivery record from the machine
• If it is mailed: at 10AM on the second business day after posting it
• If it is hand delivered: at the time of delivery

In any other method: at the time by which it would have been delivered as per the normal course of the given method

6. Amendments to Agreement

We, in our sole and absolute discretion, may change or modify this Agreement, and any further agreements incorporated herein, at any time. Such amendments shall be effective immediately upon the posting of such amendments on this Site. Changes to this Agreement will become evident by the posting a "Last Revised" date at the bottom of this page. Further use of the Site and its Services will indicate acceptance of these revised conditions. If you do not agree to be bound by this Agreement as last revised, discontinue use of the Site and Service thereof.

7. Waiver

A waiver by us of a provision or right under this agreement is binding on it only if it is given in writing and signed by our authorised officer. A waiver is effective only in the specific instance and for the specific purpose for which it was given. Failure by us to exercise or delay in exercising a right under this agreement does not prevent our exercise of the same right at a later date or operate as a waiver of our rights in the matter.

8. Further assurance

You must at our request promptly execute and deliver such further documents and do such further acts as are reasonably necessary to give full effect to your obligations under this agreement.

9. Reasonable Control

We are not responsible for any delay in performing or failure to perform any obligation to you as a result of any matter beyond our reasonable control.

10. Applicable law and entirety of Agreement

You expressly and irrevocably agree that:

• a. This Agreement is governed by the law of Western Australia, and embodies the entire understanding and agreement between the parties, and supersedes all prior agreements, understandings and representations;
• b. We may amend these terms at any time, and such amendments will become effective as soon as they are posted on our website, following which if you continue to use the services, you are deemed to have agreed to be bound by those amendments. It is your responsibility to review our website periodically to ascertain whether these terms have been changed;
• c. Except as specified in 10 and 14(b), no variations may be made to this Agreement unless it is in writing and signed by our authorised representative;
• d. In the event of any dispute(s) or claim(s) which arise against us, including those concerning, in connection with or arising from this agreement (or any part thereof), or Services supplied by us, then
• I. You will submit to binding arbitration on the following terms:
  • i. The arbitration shall take place in Perth, Western Australia, and the dispute shall be handled by an arbitrator of our choosing;
  • ii. The arbitrator will reside in the state of Western Australia;
  • iii. You are responsible for all costs related to such arbitration;
  • iv. You will request us to make the necessary arrangements for a date and time for the directions hearing for the arbitration to be set within 60 days of the dispute arising;
  • v. If the dispute cannot be handled in accordance with clause 14(d)I, or we have not made the necessary arrangements within 15 days of receiving the request you made under 14(d)Iv, you will submit to the exclusive jurisdiction of the courts of Perth, Western Australia to have the matter determined by a Judge or Magistrate
  • vi. You are responsible for ensuring we have received the requests specified in clauses 14(d)Iiii and 14(d)Iiv of this Agreement.
• II. If we have still not made the necessary arrangements within 15 days of receiving the request you made under 4.5(d)Iv, you will submit to the exclusive jurisdiction of the courts of Perth, Western Australia to have the matter determined by a Judge or Magistrate.
• III. If you fail to comply with your obligations under clause 4.5(d)I of this Agreement, and/or bring a claim outside of the jurisdiction specified in this Agreement, then you shall indemnify us on a full indemnity (solicitor-client) basis for any costs we incur.

11. Domain Names

Web Address Registration Pty Ltd govern and manage the provision of domain names as Registrar of .au domain names under this agreement. For this clause, the following terms shall be defined as follows:

Registrant	The current licensee of a domain name.
.auDA	.au Domain Administration Limited ACN 079009340.
.auDA policy	Any policy listed by auDA. http://www.auda.org.au/
AusRegistry	The registry operator for .AU domain names.
Domain name license	A license for the use of a particular domain name.
Domain name license terms	The terms and conditions which apply to a domain license.
ICANN	Internet Corporation for Assigned Names and Numbers.
Member	A person who registers with us as a member and is provided with a member ID.
Published Policies	The specifications and policies established and published by auDA from time to time at http://www.auda.org.au/
Registrar	Web Address Registration Pty Ltd as the entity responsible for the provision of domain name licenses.
Registrar of record	Entity by which a specific domain name is licensed through.
Registration fee	Current charge in respect of a domain name license.
Registration period	The period that a domain name license lasts for.
Registry operator	The entity which issues domain name licenses and maintains their respective records.
Renewal fee	Current charge in respect of renewing a domain name license.
Registrant Transfer	The transfer of a domain name license from one registrant/member to another. We refer to this as a transfer of ownership.
Registrar Transfer	The transfer of a domain name license from one registrar to another.

11.1 Representations by us

We are the domain name registrar and operate the domain name systems and grant licensing for domain names.

Our obligations include:

• The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
• Carrying out limited functions on behalf of the registry operators
• Serving as a registrar of record
• Provision of online facilities for the management of domain names
• Provision of other, related services

This document contains the terms and conditions that apply between you and us as the Registrar.

This document indicates the terms and conditions that are imposed by the relevant registry operators and the governing bodies to which they are associated.

For so long as we remain the registrar of record for domain names there is a service agreement between us and our registrants on these terms and those imposed by the independent governing bodies.

11.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement;
2. You can only expect Services in accordance with the terms of this Agreement, and
3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.
4. Ensure the product is appropriate and compatible for your needs and you supply a valid and accurate domain name.

11.2 Refunds

11.2.1 Agreement

You expressly and irrevocably agree that:

• a. It is your responsibility to ensure that Services are utilized to their full potential;
• b. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
• c. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
• d. You have provided us with an accurate and complete domain name that cannot be changed at a later date, therefore you must ensure the spelling and grammar are accurate and appropriate for your needs;
• e. We cannot provide refunds or indemnify you for the cost of purchase for any domain name Service. It is sold at cost price and cannot be a dysfunctional service;
• f. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
• g. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
• h. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
• i. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 11.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

Without limitation, you agree that the administrative charges of registering the domain name and the purchase price are not refundable in any event.

11.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

• You have any outstanding invoice or account.
• Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
• You fail to comply with any provision in this agreement or those referenced in this agreement.
• There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights.
• We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
• We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

If your account is canceled under this agreement:

• You must pay all outstanding charges to us immediately.
• We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
• We may immediately delete all data held prior to cancellation.
• We may perform any action without notice.

11.4 Registry requirements

Each registry operator has terms and conditions, policies and requirements covering the registration, renewal, dispute resolution, and transfer of domain name licenses.

Each registry operator may impose new or amended terms and conditions, policies or requirements that take effect immediately.

Some registry requirements are set out in this service agreement, others are cross-referenced. A registry operator may have or introduce new ones.

You are responsible for familiarizing yourself with all registry requirements, whether or not they are included or referenced in this service agreement.

You apply for, and accept, registration for any domain name subject to all applicable registry requirements from time to time.

You release us from any claim arising from registry requirements or anything we do under them.

We are unable us to enforce registry requirements against third parties.

11.5 Domain name application

In order to apply for a domain name license, you must:

• Complete our application form in full.
• Read and agree with our service agreement.
• Submit the appropriate registration fee.
• Satisfy any requirements pertaining to the domain name license being applied for, and any other requirements notified by us.

Submission of an application does not assure you of a domain name license, even if a preliminary check indicates domain availability.

Your application's success is fulfilled only if:

• Full registration fee has been paid and all cheques honored by your bank and confirmed by our accounts department.
• Your application complies with the association requirements and policies of the applicable registry operator.
• The applicable registry operator approves your application and permits the issue of domain name license.
• We have notified you in writing of the final approval of your application.

You acknowledge that the registry operator reserves the right to reject registrations at any time. You may not assume the success of your application nor take any steps or outlay any further investment on the assumption that your application was successful. In any event, we shall not be responsible for any losses and damages that you may have suffered in reliance of your belief that your application would be successful.

11.6 Domain name licensing

The issue of a domain name license entitles you to status of licensee for the domain name. A domain name is not an item of property and has no 'owner'. It is classed as an entry on the database of the registry operator.

The terms application, registration, activation, transfer of (and so on) a domain name merely reflect the application, registration, activation, transfer of (and so on) a domain name license.

A domain name license is subject to its license terms. It may not be used in breach of those license terms, many of which are registry operator (and their relating bodies) requirements, beyond our control.

Ownership of all copyright and database rights is kept by the registry operator.

You should not rely on the continued provision of a domain name license as evidence of a grant or renewed grant of permission to the use of the same. It is your responsibility to ensure a domain name license is within bounds of registry operator (and their relating bodies) requirements. You hold full responsibility for the renewal of domain name licenses.

11.7 Domain name registration period

A domain name license has a fixed period once activated.

Some domain name licenses have a choice of periods, some are fixed. Our application form will indicate the periods available for application. The domain name license period (pending its approval) will be that applied for.

11.8 Registration renewal

You may renew your domain name license in accordance with these terms and those of the relevant registry operator.

You are solely responsible for renewing your domain name license. If you fail to do so prior to the end of previous license term your domain may become available for registration by third parties.

You release us from any potential claim arising from your failure to renew a domain name license.

We may elect to send notification of pending renewal as a courtesy, however:

• You irrevocably agree that you will have no claim against us if we do not provide notification, or if notification does not reach you. It is your sole responsibility to ensure your electronic contact method is correct, active and fully functional.

We will make an effort to advise the registrant of the need to renew a domain name, preferably at least 30 days prior to expiry, by at least:

• sending an email to the registrant's email address, and/or
• sending a notice to the registrant's postal address as recorded in the WHOIS information for that domain name.

You are not obliged to renew your domain name license, nor pay any fees associated, unless you choose to do so.

If you choose to renew your domain name license you shall:

• Agree to any fees required as directed.
• Agree to the latest service agreement as well as any related policies or requirements listed by the relevant registry operator.
• Indicate the period for renewal from the available renewal periods as specified by us.

A renewal is only successful if:

• The renewal fee has been paid and honored.
• Your renewal complies with the services agreement, polices and requirements of us and the relevant registry operator.
• The relevant registry operator approves the renewal request.
• We have notified you in writing that your application for renewal has been approved.

The period of your renewed domain name license is taken to commence from the date of expiry of your previous license.

11.9 Registration transfer

You are able, at various times to process a change of your domain name license. These times are strictly limited to those mentioned within this document which includes the policies and requirements of the relevant domain registry(s).

11.10 Registrant transfer

A registrant transfer transfers ownership of a domain name license from one registrant to another. A registrant transfer consists of a transferor (old registrant) and a transferee (new registrant).

In order to successfully complete registrant transfer you must:

• Provide to us a complete Domain Transfer of Ownership form, as available on our website. The information on this form must be correct, valid and satisfy the requirements set out by the related registry operator.
• Ensure that the transferor pays any outstanding fees owing to us.
• Pay any specified fee's relating to the process of a registrant change.
• Supply satisfactory documentation identifying both the transferor and transferee.
• Ensure that the Transferee, in accordance with the Domain Transfer of Ownership form acknowledges the entry of this service agreement, our policies, and any requirements/policies of the related registry operator.

The transferor releases us from any claims arising under or in relation to this agreement, their domain name license or its transfer as soon as the transfer is affected.

11.11 Registrar transfer in

You are able (subject to policy of the relevant registry operator) apply for the transfer of a domain name license from another domain registrar (company) to ours. A registrar transfer to us is treated as an application for registration in that all clauses in this document are equally applicable. By applying for registrar transfer you agree with this service agreement and any policies as listed by us or the relevant registry operator.

11.12 Registrar transfer out

As you are able to process a registrar transfer to us, you are also able to apply for a registrar transfer to another company. A transfer out is governed by the clauses of this document with reference to the specific section which pertains to the domain name which you are applying to transfer (.e.g. .com, .au, etc).

11.13 Privacy & WHOIS Service

When a domain name license is registered, certain information is collected for use on the WHOIS service. The WHOIS service allows internet users to query a domain name to find out the identity and contact details of the registrant. The public WHOIS service is a standard feature of domain name systems around the world and is subject to the relevant registry operator's policies and requirements.

For .au domain registrations please see auDA's WHOIS policy at https://www.auda.org.au/policy/2014-07-whois-policy

All Private Registration applications are subject to relevant policies and requirements of the Private Registry Authority and based on your agreement to such policy. By applying and making use of Services provided either directly or through a third party of Private Registry Authority, you understand and agree to all policies, both provided and referred by Private Registry Authority.

11.14 Domain name cancellation

If your domain name license is canceled for any reason, under these terms or registry operator requirement; a third party may register the domain name instead of you and you release us from any claim arising from the cancellation.

11.15 Back Order Service

The Back Order service is supplied with the intention to monitor your back ordered domain name, and register the back ordered domain name on your behalf upon it becoming available through the respective registry. The domain will only become available if it is no longer registered - either because the previous registration has expired without renewal, or the domain name was deleted. All Back Order applications are subject to the full terms and conditions contained within this document.

Placing a Back Order does not in any way guarantee that the specified domain name will be registered to you at any time. We will make every effort to secure domain registration, subject to these terms (or the terms contained within this entire document). It is possible that the specified domain name will never become available for registration. This means that your Back Order may never be successful, no matter how long you retain the Back Order.

Upon application, the specified domain name will enter our Back Order system. Back Orders will be placed on a first come, first serve basis. Other clients of ours may place Back Orders for the same domain name. The first application will be treated with 100% priority. We may, or may not disclose that there is an existing Back Order for the specified domain name.

Cancellation - A Back Order can be canceled at any time however no refund for funds paid, either in full or pro rata shall be given where the service supplied to you is functioning.

By placing a Back Order application you agree to:

• Indemnify and refrain from holding us responsible or liable in any way whatsoever if we are unable to register your Back Order application and specified domain name; and
• Abide by all terms, conditions, process and policies described within our full Service Agreement

Your Back Order is only valid for the period which commences from the date that your Back Order request is accepted by us and terminates on the expiration date of your Back Order service. It is entirely your responsibility to ensure the renewal of your Back Order service. Failing to renew your Back Order service prior to the expiration date may forego any priority for a domain name Back Order in the situation where several Back Order applications have been made for the same domain name.

11.16 Releases and indemnities

This clause is in addition to any other release or indemnity that you give us under this agreement and any of the relevant registry operators' policies and agreements.

You indemnify us against any dispute between you and any third party with respect to any service offered by us.

You must indemnify, defend and hold us harmless in relation to all disputes on any domain name, its registry operator (e.g. AusRegistry for .au domains, Verisign Inc for .com domains)

You must indemnify, defend and hold all of our directors, officers, employees, agents and affiliates from and against any/all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relation to the provision and use of our services

Each indemnity and release given to us or any other party under this agreement survives the termination or expiration of any service agreement.

11.16.1 Limitation on liabilities

This agreement does not exclude some laws, particularly the Trade Practices Act 1974. Such laws may provide rights and remedies that cannot be changed or excluded by this agreement;

• We exclude all implied conditions and warranties, except any implied conditions and warranties, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition").
• The liability of us to you for breach of any express provision of this Agreement or any Non-excludable Condition is limited, at the option of us, to refunding the price of the services in respect of which the breach occurred or to providing those services again (except for services of a kind ordinarily acquired for personal domestic or household use or consumption, in respect of which the liability of us is not limited under this Agreement).
• We are not liable for any failure to perform, or delay in performing, its obligations under this Agreement due to anything beyond its reasonable control. If that failure or delay exceeds 48 hours, you may terminate this Agreement with immediate effect by notice in writing to us.
• You shall not hold us liable for any loss of privacy, provision of inaccurate information of advice, or damage to your computer systems or files, which may at any time result from your use of the Services. You understand that the email can be read in transit.
• You accept sole legal responsibility for any messages, file, data or other form of communication which you may from time to time add to or transmit via the Services or receive in any manner whatsoever, and absolve us from any such legal responsibility in this regard.

You understand and agree that opinions, advice, services and all other information expressed on the Internet are those of the provider and not of us. We exercise no control whatsoever over the content of the information passing through the Services.

11.16.2 Registrant Authority

We may act on instructions or requests from a person who to us appears to be the registrant or person acting under authority of the registrant, without being under any obligation to do so having lodged notice of dispute as to the authority of that person.

You release use from any claim arising from action affected with relation to this clause.

11.17 General terms for domain names

11.17.1 Registry requirements

Each registry operator has terms and conditions, policies and requirements covering the registration, renewal, dispute resolution, and transfer of domain name licenses.

Each registry operator may impose new or amended terms and conditions, policies or requirements that take effect immediately.

Some registry requirements are set out in this service agreement, others are cross-referenced. A registry operator may have or introduce new ones.

You are responsible for familiarizing yourself with all registry requirements, whether or not they are included or referenced in this service agreement.

You apply for, and accept, registration for any domain name subject to all applicable registry requirements from time to time.

You release us from any claim arising from registry requirements or anything we do under them.

We are unable us to enforce registry requirements against third parties.

11.17.2 Domain name licensing

The issue of a domain name license entitles you to status of licensee for the domain name. A domain name is not an item of property and has no 'owner'. It is classed as an entry on the database of the registry operator.

The terms application, registration, activation, transfer of (and so on) a domain name merely reflect the application, registration, activation, transfer of (and so on) a domain name license.

A domain name license is subject to its license terms. It may not be used in breach of those license terms, many of which are registry operator (and their relating bodies) requirements, beyond our control.

Ownership of all copyright and database rights is kept by the registry operator.

You should not rely on the continued provision of a domain name license as evidence of a grant or renewed grant of permission to the use of the same. It is your responsibility to ensure a domain name license is within bounds of registry operator (and their relating bodies) requirements. You hold full responsibility for the renewal of domain name licenses.

11.17.3 Domain name application

In order to apply for a domain name license, you must:

• Complete our application form in full.
• Read and agree with our service agreement.
• Submit the appropriate registration fee.
• Satisfy any requirements pertaining to the domain name license being applied for, and any other requirements notified by us.

Web Address Registration Pty Ltd makes no guarantees that you may successfully obtain the domain name you apply for. We take no responsibility for any actions taken on your behalf based on the assumption of successful registration.

Your application's success is fulfilled only if:

• Full registration fee has been paid and all cheques honored by your bank and confirmed by our accounts department.
• Your application complies with the association requirements and policies of the applicable registry operator.
• The applicable registry operator approves your application and permits the issue of domain name license.
• We have notified you in writing of the final approval of your application.

It is your sole responsibility to ensure the accuracy and eligibility of your applied domain name registration. We take no responsibility for in-eligibility, misspelling or domain name disputes resulting in failed registration or maintained registration of domain names.

It is your sole responsibility for and in obtaining any intellectual property rights and use of any intellectual property rights in respect of your proposed domain name.

It is your responsibility to ensure that your domain name registration continues to comply with all applicable policies, including those maintained by us, domain name registries and government organizations.

You acknowledge that the registry operator reserves the right to reject registrations at any time. You may not assume the success of your application nor take any steps or outlay any further investment on the assumption that your application was successful.

11.17.4 Domain name registration period

A domain name license has a fixed period once activated.

Some domain name licenses have a choice of periods, some are fixed. Our application form will indicate the periods available for application. The domain name license period (pending its approval) will be that applied for.

11.17.5 Registration renewal

You may renew your domain name license in accordance with these terms and those of the relevant registry operator.

You are solely responsible for renewing your domain name license. If you fail to do so prior to the end of previous license term your domain may become available for registration by third parties.

You release us from any potential claim arising from your failure to renew a domain name license.

We may elect to send notification of pending renewal as a courtesy, however:

• We are never obliged to do so.
• You have no claim against us if we do not provide notification, or if notification does not reach you. It is your sole responsibility to ensure your electronic contact method is correct, active and fully functional.

You are not obliged to renew your domain name license, nor pay any fees associated, unless you choose to do so.

If you choose to renew your domain name license you shall:

• Agree to any fees required as directed.
• Agree to the latest service agreement as well as any related policies or requirements listed by the relevant registry operator.
• Indicate the period for renewal from the available renewal periods as specified by us.

A renewal is only successful if:

• The renewal fee has been paid and honored.
• Your renewal complies with the services agreement, polices and requirements of us and the relevant registry operator.
• The relevant registry operator approves the renewal request.
• We have notified you in writing that your application for renewal has been approved.

The period of your renewed domain name license is taken to commence from the date of expiry of your previous license.

11.17.6 Registration transfer

You are able, at various times to process a change of your domain name license. These times are strictly limited to those mentioned within this document which includes the policies and requirements of the relevant domain registry(s).

11.17.7 Registrant transfer

A registrant transfer transfers ownership of a domain name license from one registrant to another. A registrant transfer consists of a transferor (old registrant) and a transferee (new registrant).

In order to successfully complete registrant transfer you must:

• Provide to us a complete Domain Transfer of Ownership form, as available on our website. The information on this form must be correct, valid and satisfy the requirements set out by the related registry operator.
• Ensure that the transferor pays any outstanding fees owing to us.
• Pay any specified fee's relating to the process of a registrant change.
• Supply satisfactory documentation identifying both the transferor and transferee.
• Ensure that the Transferee, in accordance with the Domain Transfer of Ownership form acknowledges the entry of this service agreement, our policies, and any requirements/policies of the related registry operator.

The transferor releases us from any claims arising under or in relation to this agreement, their domain name license or its transfer as soon as the transfer is affected.

11.17.8 Registrar transfer in

You are able (subject to policy of the relevant registry operator) apply for the transfer of a domain name license from another domain registrar (company) to ours. A registrar transfer to us is treated as an application for registration in that all clauses in this document are equally applicable. By applying for registrar transfer you agree with this service agreement and any policies as listed by us or the relevant registry operator.

11.17.9 Registrar transfer out

As you are able to process a registrar transfer to us, you are also able to apply for a registrar transfer to another company. A transfer out is governed by the clauses of this document with reference to the specific section which pertains to the domain name which you are applying to transfer (.e.g. .com, .au, etc).

11.17.10 Agreement amendment

We may amend this agreement at any time. Amended terms take effect when they are published unless otherwise specified following which if you continue to use the services, you are deemed to have agreed and be bound to such amendments. We maintain the ability to amend this agreement with retrospective effect in response to any illegal or antisocial conduct that is occurring or likely to occur.

12. Payment

All charges payable to us for the provision of domain name Services to you shall be in accordance with the published relevant fees, charges and rates published from time to time by us.

Payment on the invoice is due and payable within 30 days of the earlier of the invoice date, or the date of supply.

In the event you fail to comply with this provision, Web Address Registration Pty Ltd reserves the right to engage a debt collection agency to recover the sums owing. Any costs incurred by Web Address Registration Pty Ltd in engaging a debt collection agency, or in attempts at recovery for the debt owing are to be borne by you, in addition to any outstanding payments owed.

13. .au Domain Names

.au domain names are governed by auDA. The following policies and procedures apply to all .au domain name registrations. Further information can be found on auDA's website

In this clause, auDA Published Policies means those specifications and policies established and published by auDA from time to time at http://www.auda.org.au.

Our obligations as registrar include:

• The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
• Carrying out limited functions on behalf of the registry operators
• Serving as a registrar of record
• Provision of online facilities for the management of domain names
• Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

13.1 .au Domain name license registration

Your application for a Domain Name must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.

You accept that even if we have accepted and approved your Domain Name application, the application may still be rejected by the Registry Operator in performing its final integrity checks.

You accept that neither you, nor we, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the domain names registry.

All personal information pertaining to you are held by auDA for the benefit of the Australian public.

13.2 .au Domain name license

Your Domain Name license will be effective for a two year period, once:

• Your application is accepted and approved by us and by the Registry Operator.
• You have paid the applicable fees.
• Unless it is canceled earlier under the terms of this document or under any Published Policies.

Your Domain Name license may be renewed every two years, as long as you:

• Pay the applicable renewal fees.
• Continue to meet the eligibility criteria prescribed in the Published Policies.

You accept that it is your responsibility to ensure that your Domain Name license is renewed.

You may cancel your Domain Name license at any time by notifying us in writing.

We may cancel your Domain Name license if you breach any provision of this document. We reserve the right to hold payment and deny refund.

13.3 Your statement to us and auDA

You confirm and state to us, and to auDA separately that:

• All the information set out in your Domain Name application, and all information you give us, are true, complete and correct, and are not misleading or deceptive, and your application is made in good faith.
• You meet, and continue to meet, for the duration of the Domain Name license, the eligibility criteria prescribed in the Published Policies for registering the Domain Name.
• You have not previously submitted an application for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:
  • You are relying upon the same eligibility criteria for both domain names.
  • The Domain Name has previously been rejected by the other registrar
• Your registration or use of the Domain Name does not infringe any person's legal rights.
• You are aware that even if the Domain Name is accepted for registration, your entitlement to register the Domain Name may still be challenged by others who claim to have an entitlement to the Domain Name.

You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or auDA may cancel your Domain Name license.

You agree to indemnify us and auDA separately for any loss or damage suffered by us or auDA as a result of any of us relying upon your above statements.

13.4 Our obligations to you

Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.

We will give you immediate notice if:

• We are no longer an accredited registrar.
• Our auDA Accreditation is suspended or terminated.
• Our registrar agreement with auDA is terminated by auDA.

auDA may post notice of:

• The fact that we are no longer an accredited registrar.
• The suspension or termination of our auDA Accreditation.
• The termination of our registrar agreement with auDA.

On its web site, and may, if it considers appropriate, give such notice to you directly.

13.5 Your obligations to us

You must comply with the Published Policies, as if they were incorporated into, and form part of, this document. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of any such inconsistencies between this Agreement and the Published Policy.

You acknowledge that under the Published Policy:

• There are mandatory terms and conditions that apply to all domain names licenses, and such terms and conditions are incorporated into, and form part of, this document.
• You are bound by, and must submit to, the .au Dispute Resolution Policy (auDRP).
• auDA may delete or cancel the registration of a .au domain name.

Throughout the period of your Domain Name license, you must give notice to the Registry Operator (through us) of any change to any information which you have given us.

13.6 Use of your information

You give to:

• auDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Published Policies.
• Us the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the Domain Name in the domain names registry.
• The Registry Operator, the right to publicly disclose to third parties, all information relation to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service, provided that such disclosure is consistent with the National Privacy Principles, and the Published Policies.

13.7 Dispute resolution

auDA has in place a dispute resolution called the auDRP (which stands for .au Dispute Resolution Policy), which applies in the event of a dispute between a registrar and a domain name license holder, or between a domain name license holder and a third party, in relation to entitlements to domain names.

The auDRP binds you and us severally as if it were incorporated in this document.

You accept that:

• auDA may develop and implement other dispute resolution policies which are accessible by you as an alternative and further to any complaints handling procedure adopted by us.
• Such policies bind you and us severally as if they were incorporated in this document.

13.8 .au Domain name license registrar transfer

We will ensure that you can easily transfer your Domain Name registration to another registrar in accordance with the Published Policies. The Published Policies will address such matters as:

• The maximum fees which we can charge you for such transfer.
• When we are not allowed to charge you fees.
• The conditions under which we must transfer the registered Domain Name.
• The conditions under which we are entitled not to transfer the registered the Domain Name.

If:

• We are no longer an accredited registrar.
• Our auDA Accreditation is suspended or terminated.
• Our registrar agreement with auDA is terminated by auDA.

Then we will transfer the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of a written notice being provided to you by auDA.

If our registrar agreement with auDA is terminated, we will not charge you any fee for the transfer of the registered Domain Name to another registrar.

13.9 Limitation of liabilities

You cannot pursue any claim against auDA or against us, and to the fullest extent permitted by law, neither auDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA or us, or any of auDA's or our employees, agents or contractors, including but not limited to any breach by us of our obligations under this document, or under our registrar agreement with auDA.

You agree to indemnity, keep indemnified and hold auDA and us, and auDA's and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.

You accept and agree that if we have any outstanding fees owing to auDA, which gives auDA a right to terminate our registrar agreement with auDA, then auDA may in its sole discretion terminate the registrar agreement with us.

You accept and agree that neither auDA nor we are responsible for the use of any Domain Name in the domain names registry, and that auDA is not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a domain name license holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.

Despite any other provision of this document, and to the fullest extent permitted by law, neither auDA nor we are liable to you for consequential, indirect or special losses or damages of any kind (including without limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by you as a result of any act or omission whatsoever of auDA or us, and our respective employees, agents, or sub-contractors.

Nothing in this document is to be read as excluding, restricting or modifying the operation of Trade Practices Act 1974, or the application of any legislation which by law cannot be excluded, restricted or modified.

13.10 Our agency

We enter into this document as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of the rights and covenants conferred to it under this document. auDA is an intended third party beneficiary of this document.

13.11 General

In this document:

• A reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties.
• A reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form.
• Headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document.
• Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.

All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect.

If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.

This document is governed by and is to be construed in accordance with the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and waives any right to object to proceedings being brought in those courts.

14. Assignment

We reserve the right to assign this agreement, without further notice to you. If however a notice is provided in writing, any failure to respond to such notice is deemed acceptance of such notice.

Your rights and obligations under this agreement are not transferable without written notice and acceptance by Web Address Registration Pty Ltd.

The terms of this agreement apply to our assignees and resellers of .au domain name services. As assignors of resellers we remain the Registrar for domain name services.

Nothing in this agreement restricts the rights or provisions of our domain name resellers. If you would like to become a reseller of Web Address Registration Pty Ltd domain names, please click here.>