and Conditions for a com.au Domain Name Licence
contract between NJStar / Melbourne IT and the Domain Name Licence Holder
("Licensee") for the licence of a com.au domain name contains the following
terms and conditions:
terms and conditions, together with the rules in the most recent com.au
Domain Name Allocation Policy constitute the entire agreement between
NJStar / Melbourne IT and the Licensee for the registration of the Domain Name
on the com.au Listing Service, and supersede all prior agreements,
understandings and representations whether oral or written.
NJStar / Melbourne IT's prices for its services are contained in the most recent NJStar / Melbourne IT Pricing Structure.
Licensee has read, understood and accepted the terms, conditions and
rules in the documents referred to in clause 1.
the Licensee uses an agent for the payment of fees, NJStar / Melbourne IT will
first seek payment from the agent; but if the agent does not pay the
fees for whatever reason the Licensee is responsible for the fees.
the consent of individuals whose personal data is to be publicly
listed in the AUNIC registry as part of the Domain Name application.
the initial registration fee to NJStar / Melbourne IT within 21 days
after the issue of the NJStar / Melbourne IT invoice.
notify NJStar / Melbourne IT of any change to its registered details,
notify NJStar / Melbourne IT of any actual or threatened proceedings
brought in respect of the name used as a Domain Name whether
by or against the Licensee
NJStar / Melbourne IT will:
the application and consider whether to accept or reject it
in accordance with the criteria laid down in the com.au Domain
Name Allocation Policy in force at the time of the application;
the application is accepted) enter the Domain Name delegation
details (if any) into the com.au zone file, and send notice
to AUNIC to list the Domain Name in the AUNIC registry;
the application is not accepted), notify the Licensee or their
agent that the application was not successful, and the reasons
initial licence period for use of the Domain Name on the Listing Service
is two years from the date of the successful application for registration.
Thereafter, the licence may be renewed indefinitely for periods of
two years, on payment of the applicable renewal fee and subject to
the then current com.au Domain Name Allocation Policy and Terms and
NJStar / Melbourne IT will use reasonable endeavours to contact the Licensee or Licensee's
Agent prior to expiration of a licence period, but the Licensee
acknowledges that it is the Licensee's responsibility to ensure
that the Domain Name is renewed. NJStar / Melbourne IT is not responsible
for failure to contact the Licensee or the Licensee's agent if registered
details are incorrect, not updated or the contact person or number
cannot be reached.
Licensee (or their agent) may surrender a licence of a Domain Name
by notice in writing to NJStar / Melbourne IT.
||NJStar / Melbourne IT is entitled to register Domain Names on a first come, first
served basis and there is no guarantee that any Domain Name
applied for will be registered. Licensees are advised not
to take any action in respect to the registration of a Domain
Name until registration is confirmed by NJStar / Melbourne IT.
or renewal (as the case may be) is not effective until NJStar / Melbourne IT receives all applicable fees.
||NJStar / Melbourne IT may cancel the registration or suspend the delegation of
a Domain Name in exceptional circumstances by notice in writing
to the Licensee or agent. Exceptional circumstances include
those set out in the com.au Name Allocation Policy.
||NJStar / Melbourne IT does not accept any responsibility for the registration
or use of any com.au Domain Name and in particular for any
conflict with trade marks (registered or unregistered), or
with rights to names in other contexts. A Domain Name registration
is not evidence of ownership of the name used as a Domain
||NJStar / Melbourne IT will not be responsible for the failure of the Domain Name
to be renewed. The Licensee releases and holds NJStar / Melbourne IT
harmless against any claim for damage or loss arising from
failure of the Domain Name to be renewed.
||NJStar / Melbourne IT will use its reasonable endeavours to ensure that details
supplied in the application are entered into and maintained
in the com.au zone file and sent to AUNIC registry. NJStar / Melbourne IT does not accept any responsibility for the performance
of the AUNIC registry or the primary domain name server. All
conditions and warranties that may be implied (by law or as
a result of previous negotiations) in the contract between
NJStar / Melbourne IT and the Licensee are excluded to the extent permitted
by law. In no circumstances will NJStar / Melbourne IT be liable for
any loss of profit, business or anticipated savings by the
Licensee warrants to NJStar / Melbourne IT that the details submitted
by the Licensee (or their agent) are true and correct, and
that any future additions or alterations to those details
will be true and correct.
Licensee warrants to NJStar / Melbourne IT that neither the registration
of the Domain Name nor the manner in which the Domain Name
is directly or indirectly used infringes on the legal rights
of a third party. NJStar / Melbourne IT's remedies under this warranty
will continue to be available after completion of the registration
process and notwithstanding any subsequent surrender, termination
or cancellation of the Domain Name.
Licensee indemnifies NJStar / Melbourne IT against any claim that the
registration of the Domain Name or the manner in which the
Domain Name is directly or indirectly used infringes the legal
rights of any third party (except for claims arising from
NJStar / Melbourne IT's negligence or breach of the terms of the contract);
and indemnifies NJStar / Melbourne IT against the costs and expenses,
however they may arise, incurred in defending or dealing with
such a claim.
any clause of these terms and conditions is held to be invalid or
unenforceable in whole or part, the invalid or unenforceable wording
shall be deemed to be omitted.
Domain Name may not be sold, lent or used by any party other than
the Licensee, and the Domain Name may not be transferred from the
Licensee to another party.
notice to be given under the contract is be deemed to be served if
delivered by hand or sent by pre-paid post, by fax or e-mail, to the
party to whom it is given at its last known postal or e-mail address
or fax number.
contract is governed by Australian law, and the Licensee and NJStar / Melbourne IT submit to the exclusive jurisdiction of the Australian courts.