Terms and Conditions - Domain Names Print

Registration Terms & Conditions

We are a specialist domain name registration business operating as Registration Pty Ltd. We help thousands of new Australian businesses register and renew their .au domain names.

We strive to save Australian businesses time and money by providing our fast and simple registration and renewal services at the best prices.    

Registration is a private, third-party, domain name registration reseller and renewal service provider.

About Us

Thank you for visiting our website, located at directregistration.com.au (the ‘Website’). The Website is owned and operated by Registration (ABN 66 641 933 173) (‘Registration’, ‘us’, ‘we’ or ‘our’). We provide domain name registration and renewal services (‘Services’). We are a privately-owned, third-party domain name registration and renewal service provider.

By accessing and/or using the Website or paying to use any of our Services, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions, which include our Privacy Policy (together, the ‘Terms’). If you do not agree with the Terms, you must immediately cease using our Website, and must not make any payment to use our Services.

1. The Terms of your Contract

These General Terms & Conditions apply to the provision of services by Registration Pty Ltd (ABN 66 641 933 173) (Registration, we, us, our) to you as a user and customer of our services (you, your).

We may change the terms of your Contract by giving you notice of the change and posting new versions of any online terms on this page. If you continue to use the Service after that notice period, you will be taken to have agreed to the change. The period of notice depends on the nature of the change. If:

• the change will benefit you or have a neutral impact on you, or is required to preserve or safeguard the security or integrity of our system, we may make the change effective immediately and without advance notice;
• the change is required to comply with any law or requirement of any regulatory body (including ICANN, auDA or any other domain name regulatory body), we will provide a reasonable period of notice.

For all other changes, including price changes, we will give you at least 30 days notice.

2. Nature of our Services

By entering your reference number from our marketing material into our Website, you acknowledge and represent to us that you understand that:

• the Services offered through the Website by Registration are retail domain name registration and renewal services;
• Registration is not a government organisation, but is a private third-party reseller provider of domain name registration and renewal services;
• Registration is not a Registrar; and
• Registration is a reseller of Synergy Wholesale.

Domain Name Registrations and Renewals

By making any payment in connection with one of our Services, you grant us the authorizations, and make the declarations, contained in this clause 2.

You authorize Registration to lodge your application for registration or renewal of a domain name and make all declarations as requested by our onboarding software.

You declare and represent to us that:

• you are the applicant for registration or renewal of the domain name; or
• you are lodging the application for registration or renewal of the domain name on behalf of the applicant with the applicant’s permission, in which case you are authorized to:
  • submit an application for registration or renewal of the domain name on behalf of the applicant under the terms and conditions of the auDA Eligibility and Allocation Rules; and make each of the declarations on the applicant’s behalf after having made all due and proper enquiries.

You declare and represent to us that you, together with each person involved in the management of the applicant for registration or renewal of the domain name if the applicant is an entity (and, where you are lodging the application on behalf of the applicant, the applicant, together with each person involved in the management of the applicant if the applicant is an entity):

• are not disqualified from managing corporations under section 206B(1) of the Corporations Act 2001 (Cth); and
• within the last 5 years have not been convicted of, or released from prison after being convicted of and serving a term of imprisonment for, any of the criminal offences referred to in sections 32(1)(c) or (d) of the Business Names Registration Act 2011 (Cth).

You agree, and authorize us to agree on your behalf, to the terms of the auDA Eligibility and Allocation Rules in connection with the application for registration or renewal of the domain name.

You acknowledge that:

• it is an offence to provide false or misleading information when registering an Australian domain name; and
• auDA may contact you, the applicant, or us if it has any questions regarding the application for registration or renewal of the domain name.

You declare that, to the best of your knowledge, the information you have supplied to us via the Website in connection with your application is complete and accurate.

You acknowledge that if Synergy Wholesale has already received a separate application for registration or renewal of your domain name from a party other than us, we may not be able to process your application, which may lead to delays, may interrupt the automatic processes, and/or result in further costs being incurred. To prevent this, after you have ordered a domain name registration or renewal through one of our Services, you must not lodge (whether directly or via another third party) any other application for registration or renewal of the same business name.

You authorize us to perform all steps reasonably necessary to provide the Services, including the following:

• you appoint us as your domain name registration agent for the purpose of managing all of your domain names which are registered or renewed using one of our Services until such time as you provide us with written notice of cancellation;
• subject to the pre-payment by you of all relevant fees, you authorize us to contact Synergy Wholesale and/or auDA on your behalf, lodge your application for application or renewal of your domain name on your behalf, communicate with Synergy Wholesale and/or auDA and attend to renewal of any domain name registered or renewed through one of our Services to prevent the cancellation of your Domain Name.

If your contact details change, you must notify us of such changes through our Website.

You acknowledge that submission of a domain name registration or renewal application through this Website does not guarantee that you will successfully obtain the registration or renewal of that domain name, and Registration does not make any warranties as to the successful registration or renewal of your domain name.

3. Domain Name Registration

3.1 Rules of registration

3.1.1 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.

3.1.2 If your application is deemed fraudulent through a fraud detection and prevention mechanism in the domain registration process, we may require the registering party to supply Photo Identification to verify their identity. Accepted Photo Identification methods are Passport or current Driver's License.

3.1.3 Both the registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.

3.1.4 We accept no responsibility in respect of the use of a domain name by you and 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.

3.1.5 .au direct names

.au direct names are subject to the priority implementation rules and the .au Licencing rules; https://www.auda.org.au/policy/auda-rules-au-direct-priority-implementation

3.1.6 .au direct names can be registered by any person with an Australian presence.   

3.1.7  applications for .au direct names are subject to the .au Licensing rules and the .au Direct Priority Implementation Rules. Registrants of existing com.au, net.au, org.au, asn.au, id.au, gov.au and edu.au domain names will be able to participate in the Priority Allocation Process, which runs from 24 March to 20 September 2022.

3.1.8 under clause 1.5 priority allocation process the implementation of licences for.au direct domain names consists of:

• (1) Priority Status (Category 1) – see Rules 1.5.5 to 1.5.9 and 1.8 and 1.9
• (2) Priority Status (Category 2) – see Rules 1.5.5 to 1.5.9 and 1.8 and 1.9 
• (3) General Availability  - see Rules 1.5.2 to 1.5.4

3.1.9 .au direct application and registration

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

3.1.10 All applications made by Persons for Priority Status are subject to the following:

• .auDA Published Policies (where applicable) in force immediately before the Commencement date of the .auDA Licencing Rules:
• the 2016-02 edu.au Registration Policy
• the gov.au Domain Name Guidelines; and
• the .auDA Rules:
• .au Priority; and
• Licensing.

Without limiting any Licence Agreement or applicable .auDA Published Policies the following are deemed to have been warranted by the Person in making the application:

• the Person has the authority to make the application;
• the information provided in the application is current, complete and accurate;
• the Registrant Contact information for the Eligible licence is correct and up to date;
• the Person meets and will continue to meet, the eligibility and allocation criteria for the Eligible licence through the Priority Status Period under the (where applicable):

  • Domain Eligibility and Allocation Policy Rules for the Open 2LDs (2012-04); and

  • Guidelines on the Interpretation of Policy Rules for the Open 2LDs (2012-05);

  • Policy Rules and Guidelines for Community Geographic Domain Names (2008-04);

  • 2016-02 edu.au Registration Policy;

  • gov.au Domain Name Guidelines; or

  • the .auDA Licensing Rules

• the Eligible licence details recorded in WHOIS are current, complete and accurate;
• the Person is eligible for the licence in the .au namespace under the .auDA Licencing Rules;
• the Person agrees that the information contained in the Registry is the sole reference for determining:

  • Eligible licences; and

  • the Person’s eligibility to hold the Eligible licence.

• the Person acknowledges that an application for Priority Status does not guarantee that the licence in the .au namespace will be allocated to them;

• the Person agrees that where multiple applications for Priority Status are received from different Persons with an Eligible licence of the same domain name, then the resolution of competing claims is solely subject to the .auDA Priority Rules;
  
  
• the Person agrees that the resolution of competing claims between Persons, is solely a matter between those Persons with Priority Status, and .au Domain Administration has no role, responsibility or remit to assist Persons to resolve those claims;
  
  
• the Person agrees to indemnify and keep .au Domain Administration and its employees indemnified from and against all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses, that may be made, or bought against or suffered or incurred by .au Domain Administration, arising out of or in connection with the breach of any policy or agreement that the Person may have with .au Domain Administration; and
  
  
• the Person acknowledges that their eligible licence or Priority Status may be cancelled by the Registrar or .au Domain Administration if any of the warranties specified in paragraph 1.10.2(1-11) of the .auDA Priority Rules, are untrue, inaccurate or incomplete.

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

• all the information set out in your .au direct name application, and all information you give us, is true, complete and correct, and is not misleading or deceptive, and your application is made in good faith, and
• you meet, and continue to meet, for the duration of the Domain Name Licence the eligibility criteria prescribed in the Published Policies, and
• 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.

3.1.12 COLLECTION, USE AND DISCLOSURE

Consent of Person

By making an application for Priority Status, it is deemed that the Person has consented to the collection, use and disclosure of information provided in that application, by the Registrar, Registry and .au Domain Administration for the following purposes:

• assessment of an application for Priority Status;
• the monitoring of a Person’s compliance with the Terms and Conditions specified in section 1.10 of the .auDA Priority Rules;
• to assist and resolve complaints relating to Priority Status and the registration of a licence in the .au namespace;
• to provide a WHOIS service for resolution of competing claims; and
• to support alternative dispute resolution or court proceedings.

The Person acknowledges that the consent given under paragraph 1.11.1 of the .auDA Priority Rules, is in addition to the consent provided by the Person at the time the Person applied to register a licence.

3.1.13    CANCELLATION OF LICENCES

Obligation of Person

A Person applying for Priority Status must be eligible, and remain eligible, for the Eligible licence and a licence in the .au namespace, throughout the Priority Status period.

If the requirement specified in paragraph 1.12.1 is not satisfied, then .au Domain Administration or a Registrar must cancel the Eligible licence.

If the Eligible licence is cancelled under paragraph 1.12.2, then:

• the Person will not be granted or will no longer have Priority Status; and
• will be ineligible to register the licence in the .au namespace during the Priority Status period.

3.1.14    COMPLAINTS ABOUT ELIGIBILITY

General Availability

Complaints about a Person’s eligibility for a licence in the .au namespace under paragraph 1.5.2 of the .auDA Priority Rules (General Availability) must be made under Part 3 of the .auDA Licencing Rules. 

Priority Status

A Person may make a complaint to the Registrar of Record about:

• a Person’s legal capacity to hold an Eligible licence in connection with .au direct;
• a Person’s eligibility for an Eligible licence in connection with .au direct; and
• a Person’s eligibility for a licence in the .au direct namespace.

A Person must make a complaint under paragraph 1.13.2 before the registration of the domain name in the .au direct namespace using the form provided by the Registrar.

The Registrar must resolve a complaint within 28 calendar days, unless the Person is notified otherwise.

A complaint under sub-paragraph 1.13.2(a) and (b) must be resolved in accordance with (where applicable)

• Complaints Policy (2015-01);
• Complaints (Registrant Eligibility) Policy (2004-01);
• 2015-07 edu.au Complaints Policy;
• gov.au Dispute Resolution Policy; or
• Part 3 – Complaints of the .auDA Licensing Rules.

A complaint made under sub-paragraph 1.13.2(c) must be resolved in accordance with Part 3 of the .auDA Licencing Rules.

A Person can make a complaint to .au Domain Administration in connection with an Industry complaint in relation to the .auDA Priority Rules.

For the purposes of making a complaint, clauses 3.4.1 and 3.5.2 of the Licensing Rules apply.

3.2 Registrant agreements

3.2.1 .com.au and .net.au domains can only be registered by an Australian Sole-Trader (with ABN), registered company (ACN), or business with a registered business number (ABN). You will need to supply and/or confirm this number during the order process. The domain name you order will need to be an exact match, acronym or abbreviation of the supplied business registration, or it should bear a close and substantial connection to the domain name. Domains can be two to 63 letters in length. Words can be separated by hyphens but not spaces. View the .au Domain Registrant Agreement.

3.2.2 .org.au and .asn.au can only be registered by a “non-commercial organisation”.  Registration doesn’t support the registration of these TLDs.

3.2.3 changes to the policy rules for .id.au took effect on 12 April 2021 under part 2.4.8 of the auDA Rules, you can no longer register or renew a .id.au domain name that refers to a personal interest or a hobby in the id.au namespace. .au Direct names, as per au-direct-priority-implementation rules clause 1.6 eligibility; an application for .au Direct may during the course of the Priority Application Period (24 March 2022 to 20 September 2022) become ineligible upon renewal, and or may become ineligible after the Priority Application Period ends.

3.2.4 .com and domain names are not restricted and can be registered by anyone. View the .com Domain Registrant Agreement

3.3 Dispute resolution

3.3.1 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 licence holder, or between a domain name licence holder and a third party, in relation to entitlements to domain names.

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

You accept that:

3.3.3 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, and such policies bind you and us severally as if they were incorporated in this document.

3.4 Domain Reseller rights and responsibilities

Registration is a reseller of the Australian Synergy Wholesale Registrar. Synergy Wholesale is an accredited auDA (.au Domain Administration) Registrar (https://www.auda.org.au/accredited-registrars).

3.5 Domain Privacy Services

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

3.6 Domain Backorder Services

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

3.6.1 Domains will only become available if: 

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

3.6.2 By entering into a domain backorder service on any domain you agree and understand that:

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

4. Ongoing Domain Name Renewal Services

You acknowledge and agree that if you have used our Services to register or renew a domain name:

subject to clause 3.2, we may transfer the ongoing management of your domain name (including any renewal services) to one of our preferred partners or associated services prior to the expiry date of your domain name registration;

• When your domain name registration is due for renewal, either Registration or one of its preferred partners or associated services will contact you in regard to performing future business name renewal services for you.
• When we transfer the ongoing management of your domain name (including any renewal services) to one of our preferred partners or associated services:
  • we will only effect such transfer where the preferred partner or associated services is a Domain Name Reseller or Registrar or has provided evidence to us that it has an agreement with an auDA Registered Registrar who can lodge domain name renewals;
  • we will transfer to the preferred partner or associated services all available information (including your contact information and domain name registration details) which is necessary to enable that partner or service to provide you with the domain name renewal service;
  • our preferred partner or associated service will contact you regarding the service before initiating the renewal by your email address or phone number provided by you to us through the Website.

5. Web Hosting/Email/Secure Webpage/Virus Protection

5.1 We specifically exclude any warranty as to the accuracy or quality of information received by any person via the 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 data stored on the Server. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:

• 5.1.1 you will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation;
• 5.1.2 you will not knowingly or recklessly post, link to or transmit any material:
  • 5.1.2.a that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or
  • 5.1.2.b containing a virus or other hostile computer program;
  • iii. that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction; and
• 5.1.3 you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers. Registration reserves the right to suspend your service at the time of service abuse prior notification, and to terminate post 3 events of suspension of the service as a result of ongoing lack of resolution of the issue associated.

5.2 You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or mis-routing or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), Registration reserves it right to terminate services without prior notification.

5.3 You warrant, undertake and agree that:

• 5.3.1 any transactions within your Web site which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;
• 5.3.2 the information contained within your Website will comply with all applicable law, and codes of practice governing the use of Websites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;
• 5.3.3 you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (and Website) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.

5.4 Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.

5.5 We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption of failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.

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

5.7 The hosting service plans disk space pertains only to files required for the normal operation of your website, and which are linked to in that website. Our website hosting plans are expressly prohibited from use as an online file repository. Furthermore, you warrant to Registration that any content published to your file space either directly, or user uploaded via your website, that you hold all rights to publish and distribute such material and that specifically you do not violate the rights of any third party. Any site hosting material such as music, video or pictures that does violate the rights of any third party, may be suspended or terminated at the sole discretion of Registration. Any site that uses greater than 89,000 inodes (every file on your hosting account uses 1 inode), or that creates file system damage by the rapid creation of large volumes of files, will be subject to review and possible suspension.

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

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

5.10 All hosting plans are subject to general resource and usage monitoring. The following usage items are expressly prohibited:

• 5.10.1 Any action or process that unreasonably consumes resources degrading the shared environment for other users is subject to review. This includes but is not limited to execution of scripts (PHP,ASP.NET,CGI/PERL, FTP, HTTP, database connections and the like).
• 5.10.2 Running standalone, automated server-side processes including, but not limited to any daemon.
• 5.10.3 Running any bit torrent application, tracker or client.
• 5.10.4 Participating in file sharing or other peer to peer sharing activity.
• 5.10.5 Executing any script for longer than 180 seconds.
• 5.10.6 Executing any database query that takes longer than 30 seconds to complete.
• 5.10.7 Specifying cron tasks that execute more frequently than every 300 seconds.

5.11 Software Hacks and Exploits: Exposed security vulnerabilities and website hacks are caused by malicious end users. Fixing a website that has been hacked and/or upgrading software to prevent known security vulnerabilities is your responsibility. If a site has been hacked or found to contain malicious code it will be immediately terminated until such vulnerability has been dealt with. Websites that have been hacked CANNOT be rolled back to a backup.

5.12 Registration reserves the right, in its sole discretion, to close the your Account, without prior notice, for any one or more of the following:

• (i) if you or any of your Account Contacts, whether intentional or unintentional, breaches any section of this Agreement, any supplemental rules and guidelines, any of the terms and conditions of the respective service providers, or any rights of Registration;
• (ii) if we receive notice that you or your company will be or is subject to insolvency proceedings;
• (iii) upon our receipt of any third party chargeback associated with any Payment Method tendered as payment on the Account;
• (iv) if we do not receive a written response from you within 48 hours of any notice sent to you by our Abuse Department;
• (v) if, in our judgment, your use of the Service has the potential to pose any harm to Registration, any of our affiliates, partners, service providers or customers;
• (vi) if the Account becomes past due and is not paid within twenty days of becoming past due;
• (vii) if a hacked script or otherwise compromised website is discovered on our systems at the Service in use by you;
• (viii) if an unusual spike in resource usage is detected by our systems resulting in an account far outstripping the allotted resources;
• (ix) if you fail to cure any suspension of the Account or any individual Service, to our satisfaction, and within the time frame we specify; or
• (x) if, in our judgment, we have received too many complaints about your Content. In the event of any such closure of your Account, you will NOT be eligible for a refund of any fees and you may be prohibited from reopening the Account, opening a new Account or accessing any existing Account. You agree that Registration shall not be liable, in any way, for any closure pursuant to this section of this Agreement.

6. Data Management

It is the Customer’s sole responsibility to maintain regular offsite backups of their data. The Customer will not hold Registration liable for incomplete, out of date or corrupt data recovered from backups and archives.

Registration keeps backups of active accounts for archive purposes only. Registration does not warrant that the backups will be current or usable for customer data recovery.

Whilst Registration offers daily backups, we cannot and do not warrant them to be fit or up to date. It is the customer’s sole responsibility to monitor and validate backups Registration provides, and you agree that you will maintain your own set of backups independent of those we supply. This may be done by using the cPanel Backups feature within the hosting account. You agree that at no time will Registration be held liable for faulty backups or data stored on our servers.

Registration backup services are provided as-is and are subject to all limitations of liability set out in this Terms Of Service.

7. Fees, Payments, Refunds

7.1 Domain Name Registration, Hosting and Web Builder payments are not eligible for a refund if the Service has been successfully provisioned.

7.2 All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our Web site and explicitly on the invoice shall be due and payable within thirty (30) days of receipt of our invoice for yearly subscription services therefore. Monthly subscription services require payment within 7 days of invoice issue.

7.3 The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.

7.4 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 12% per annum, from the due date of the payment.

7.5 Upon provision of a credit card account, you give us authorisation to automatically debit your credit card for all charges on issuance of a valid invoice.

7.6 Unless otherwise specified in these Terms, any fees and charges payable to us must be paid by you upon entering your reference number in our Website and/or by your submission of the domain name registration application or renewal form.

7.7 Payment must be made by credit card immediately upon confirmation of your order.

7.8 We will not lodge your application for domain name registration or renewal until you pay all relevant fees and charges.

7.9 Unless otherwise stated, all fees and charges are in Australian dollars. The fees are inclusive of goods and services tax (GST) where applicable.

8. Your Privacy and Security of your Personal Information

We collect personal and business-related data and information about you in relation to your business that is publicly available on the internet. We do this to offer you a premium domain name registration and renewal service to save you the time and hassle of performing this task yourself.

When you engage us to perform a Service, we collect personal information about you in order to respond to your enquiries, provide you with more information about our products and for purposes otherwise set out in our Privacy Policy.

We may disclose the information that you provide to us to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services to you. We may also disclose your personal information to recipients that are located outside of Australia in accordance with our Privacy Policy.

We may provide some of your basic contact information (including name, phone number and email address) to our preferred partners or associated services in connection with other business services if, when you last made a payment to us for our Services, you ticked the box that states “Yes, please let me know about other related business service offerings”.

Other than as disclosed in these Terms, we will not disclose any of your stored or collected information to any party other than Synergy Wholesale Registrar or auDA (au Domain Administration) unless you instruct us to do so or we are otherwise required by law.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us during business hours on 1300 33 00 33 or email us at help@reg.com.au 

9. Accuracy, completeness and timeliness of information

We make no warranty in regard to the accuracy or completeness of the information on this Website.

We are not liable to you or to any third party in the event of interference with, or damage to, your computer systems or networks in connection with the use of this Website or a linked website.

Registration reserves the right to review and change any of the Terms from time to time and without notice at its sole discretion, in which event we will use reasonable endeavours to provide you with notice of the updated Terms. Any changes to the Terms take immediate effect from the date of their publication.

10. Linked sites

Our Website may contain links to third party websites. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated, Registration does not endorse and is not responsible for the content on those third party linked websites and has no control over or rights in those linked websites.

11. Intellectual property rights

Unless otherwise stated, Registration owns or licenses all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Website and in all of the material (including all text, graphics, logos, audio and software) made available on or via this website (‘Content’).

Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content.

All other use, copying or reproduction of this Website, the Content or any part thereof is prohibited, except to the extent permitted by law.

12. Unacceptable activity

You must not do any act or thing that we would deem to be inappropriate, is unlawful or is prohibited by any laws relating to our Website, including but not limited to:

• any act that would constitute a breach of the privacy (including uploading personal information without the consent of the individual to which the information relates) or any other of the legal rights of individuals;
• using this website to defame or libel Registration, our employees or other individuals;
• uploading files that contain viruses that may cause damage to Registration systems or property, or the systems or property of other individuals;
• engaging in any activity that interferes with or disrupts the operation of the Website or its services in any way (whether directly or indirectly) or use the Website in a manner that adversely affects its availability to others;
• transmitting to this Website any unauthorised material, including material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If Registration allows you to post any information to our Website, you acknowledge and agree that we have the right to take down this information at our sole discretion and without notice.

13. Disclaimer and indemnity

Whilst we endeavour to ensure that your information is accurate and error-free, you acknowledge that we will not be held responsible for any inaccuracy, omission, defect or error in your information. We will not be liable for any loss or damage, however arising, which may be caused by use of this information.

You acknowledge and agree that Registration:

• provides a private, commercial, non-government online domain name registration and renewal and application Service and is a computer program (albeit sometimes with manual and/or human review);
• is not auDA, an accountant, a tax agent, a solicitor, an accounting firm, or legal firm;
• does not give, nor purport to give, legal, accounting or taxation advice.

Despite Registration’ best efforts to explain relevant matters and instructions clearly on its support telephone lines, support emails and marketing material, you acknowledge and agree that:

• you may misconstrue such explanations and instructions or omit to read them (including offered guidance and information shown or available at the bottom of marketing material); and
• Registration will not be liable in respect of any such misconstructions or omissions.

Registration’ sole purpose is to assist you to renew or register a domain name or to do the data input work to renew or apply for a domain name. You agree not to use Registration if it is imperative that the proposed domain name be registered, renewed, transferred, restored or cancelled by a particular time or date.

Although every effort has been made to take account of every combination of circumstances, Registration, being a computer program and an online renewal automation software tool, may not have been written in such a way so as to foresee and take into account every combination of unusual circumstances.

If your domain name renewal on the Registrar and/or Registry online system has been renewed with the assistance of Registration, Registration will have entirely (and will be deemed to have entirely) fulfilled its purpose, and as such you will have no claim whatsoever against Registration.

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

You indemnify us from and against any losses or claims arising out of, or as a consequence of, your negligent, wrongful, unlawful or incorrect reading of our marketing material.

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it (including any information relating to medical or healthcare matters), or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

14. Jurisdiction and governing law

Your use of the Website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

15. Definitions

By registering or renewing a domain name with Registration, you must agree to the following terms and conditions. Your agreement to these terms will be indicated to us by sending to us an application, duly completed confirmation (if requested), enter a letter reference number on the front of our website or use of any Registration services, whichever occurs first.

The following terms of business apply to any or all of the domain name registration, website hosting, email, web builder, spam and virus protection and associated services and Secure Web Page services to be provided by Registration to you from time to time.

Server means the computer server equipment operated by us in connection with the provision of the Services.

Web Site (or Website) means the area on the Server allocated by Registration to you for use by you as a site on the Internet.

Secure Web Page means the Web page operated and located on the Server which allows you to collect credit card details in a means that is difficult for other people to view the page when it is loaded, because the page is encrypted.

Search Engine Optimisation means any service which is designed to assist your Web Site gain a higher listing in the Search Engine results.

16. Registration General Terms & Conditions

The following terms and conditions apply to all Services, including the registration of .au.com sub-domains the special terms for which are set out below. By utilising Registration’ services you are deemed to have accepted these terms and conditions and are bound by them.

17. Service availability

17.1 We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server.

17.2 In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.

18. Intellectual property rights and other consents

You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name, any materials given by you to Registration, and merchant services agreements between you and the relevant financial institutions.

19. Indemnity

You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

20. Termination

20.1 We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. We may suspend all services within an account prior to termination should any invoice in the account be outside of our trading terms.

20.2 We may terminate this agreement immediately if you breach any of these terms and conditions, or (if you are a company) you go into insolvent liquidation, or (if you are a person) you are declared bankrupt.

20.3 We may also terminate this agreement with immediate effect if you fail to comply with the End User Agreement (EUA) of a third-party supplier (Supplier) of Software or a Hosted Application.

20.4 On termination of this agreement (in relation to Website hosting) we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of 7 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.

20.5 On termination of this agreement we shall also be entitled to immediately cease any of our other Services to you (apart from Web Site hosting) without holding any backup data for retrieval by you.

20.6 Without limiting the section below on our Exclusion and limitation of liability, Registration will not be liable to you for any cost, expense, damage or loss whatsoever for terminating this agreement.

20.7 If the Supplier seeks to terminate your use of a Software or a Hosted Application for reasons other than your non-compliance with an EUA or these terms and conditions, Registration will use reasonable endeavours to honour the remaining period of any then current and existing right hereunder for you to use that Service, but Registration will not otherwise be obligated to continue the Service if this is not possible or viable due to events beyond the reasonable control of Registration.

20.8 Registration shall not be liable for any delay or failure to perform its obligations pursuant to this agreement if such delay or failure is due to termination of access to the Hosted Application or to Software by the Supplier or a change by the Supplier to the conditions of supply thereof.

20.9 If you wish to terminate your account with Registration, you must do so by completing the a request to the billing department via your client area, 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, Registration will not accept verbal instructions to terminate an account. To submit the cancellation form, login to the client area, select tab ‘Support Tickets’ then create a new ticket to the billing department.

20.10 Registration does not offer refunds or credits for new purchases in the event of termination or cancellation of these services.

20.11 In the event of customer requested cancellation of a renewed service, Registration will complete the cancellation request to your service at the first available opportunity, however we acknowledge the date of lodgement of the cancellation request as the date of cancellation. Services are required to be cancelled prior to renewal, for cancellations submitted after the scheduled date of renewal there are no credits and no refunds.

21. Exclusion and limitation of liability

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

21.2 Our total aggregate liability to you for any claim in contract, tort, negligence, equity or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.

21.3 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever, even if advised us to the possibility thereof. Nor will we be liable in any event for any damages including, without limitation, indirect, special, incidental, consequential or exemplary damages, arising out of or in connection to this agreement or the Services.

21.4 In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.

22. Important note:

22.1 If any goods or services supplied pursuant to this agreement are supplied to the customer as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation (“the Acts”), the consumer will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Competition and Consumer Act or similar legislation is so conferred. However, if the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, pursuant to section 64A of the Australian Consumer Law and similar provisions of relevant state legislation Registration limits its liability (including any consequential losses sustained by you) to payment of an amount equal to:

• 22.a) in relation to goods
• 22.b)the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
• 22.c) the repair of the goods or payment of the cost of having the goods repaired;
• 22.d) in relation to services 2.9.1.b.i)the supplying of the services again; or
• 22.e)The payment of the cost of having the services supplied again as in each case we may elect.
• 22.f) Except as otherwise specified herein, Registration is not liable for default or failure in performance of its obligations pursuant to these terms and conditions resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials, labour or transportation or any other cause beyond the reasonable control of Registration.

23. Notices

Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.

24. Severability

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.

25. Assignment

The benefit of this agreement may be assigned by us, but not our obligations to you – to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.

26. Change to terms on renewal

We may change the terms and conditions of this Agreement at any time. Details of our current terms are available here. Any renewal of a Service will be in accordance with the terms and conditions in place as at that time.

27. Entire agreement, governing law

27.1 These terms and conditions plus the Registration terms and conditions of supply (if any) for each specific type of service supplied by Registration constitute the entire agreement between Registration and you (“the Contract”), and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the Contract unless it is in writing and signed by authorised representatives of you and Registration.

27.2 The Contract is to be interpreted in accordance with the laws of the State of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that State, the Federal Court of Australia and appeal courts therefrom in relation to any dispute arising hereunder.

28. Joint liability

If you (the customer) consist of more than one person then the liability of those persons in all respects under the Agreement shall be a joint liability of all of those persons and a liability of each of those persons severally. 2.16 Consent to communications In addition to general Account, Billing and Service communications, Registration 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 following ‘unsubscribe’ instructions contained within the communications. You will not be able to opt-out of Critical Service Notifications, Renewal, Billing and Account Notifications, Scheduled Downtime Notifications or any other communications deemed to be an essential part of our service to you. Please review our Privacy Statement for full details of our use of personal data.

29. Communication

We may use your personal information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all of these communications from us by following the unsubscribe link, or setting your communication preferences in your client area.

If we contacted you by email to market you our services it's because you provided your contact information (including name, phone number and email address) to one of our preferred partners and/or associated services in connection with other business services, and at that time, you ticked the box that states “Yes, please let me know about other related business service offerings”.

Should you now wish to be permanently removed from our email marketing list, and would now like to ‘opt out’ of receiving “related business service offerings”, please UNSUBSCRIBE at the bottom of the email you were sent, or you can request to be taken off our contact list by filling out our contact form on this website. We take your unsubscription wishes and privacy seriously and will be sure to remove you from all of our lists, if requested. Please be sure to unsubscribe using your current and correct e