UPDATED 1 MAY 2018
The following Terms and Conditions of service are in two parts.
Part I outlines the terms and conditions on which Affordable Domains (a business unit of Globicom Limited) provides goods, products or services to you.
Part II outlines our responsibilities to you as an authorised .nz Registrar, and your obligations as a domain name Registrant.
These Terms and Conditions apply to the use of this web site, including the purchase of any goods, products or services (together, the Services) supplied to you by Affordable Domains. By using this web site for these or any other purposes, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the web site.
In these Terms and Conditions, Affordable Domains and we include, and the Subscriber and you is any legal person using a Affordable Domains web site or purchasing Services from Affordable Domains.
1) Subscriber Requirements
The Subscriber is required to:
- Comply with all applicable laws, regulations, standards and codes, including in particular (but not limited to) the Privacy Act 1993, the Fair Trading Act 1986, the Copyright Act 1994, the Defamation Act 1992 and the Crimes Act 1961.
- Use the Services for lawful purposes only. Transmission or storage of any information, data or material in violation of any New Zealand law is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret or other statute. The Subscriber agrees to indemnify and hold harmless Affordable Domains from any claims resulting from the use of the service which damages the Subscriber or any other parties.
- NOTE: Pornography and sex-related merchandising are prohibited on any Affordable Domains server Affordable Domains will be the sole arbiter as to what constitutes a violation of this provision.
- NOTE: Spamming, or the sending of unsolicited email, from a Affordable Domains server or using an email address that is maintained on a Affordable Domains machine is STRICTLY prohibited. Affordable Domains will be the sole arbiter as to what constitutes a violation of this provision.
- Ensure that all information provided to us is current and correct.
- Ensure that all people who use the Services provided to the Subscriber or via you're the Subscriber's account also complies with these Terms and Conditions.
- Maintain the confidentiality of the Subscriber's user name, login, password, and any other account information and/or identifier provided to the Subscriber in relation to the Services. The Subscriber accepts complete responsibility for all use of the account and of all identifier(s), and Affordable Domains is entitled to rely entirely upon use of any password or other identifier as evidence of the Subscriber's identity and authority.
The Subscriber agrees to pay for the Services provided to the Subscriber or under the Subscriber's account, regardless of whether it is the Subscriber or someone else who uses them.
Services shall not be deemed to have been purchased nor will they be provided until payment is made in full. Payment may be made on-line with the purchaser's credit card, or by cheque or direct credit to our bank account. All payments must be in NZ dollars and withdrawable at a New Zealand bank.
No deduction or set-off against any amount due is permitted.
Any accounts that remain unpaid by the due date and time for renewal will be in default. In the event of default, the domain name may be cancelled and the Services suspended. Affordable Domains will provide advance notification by email of pending cancellation, at least fourteen days prior to the due date. If the domain name has expired, it is still possible to renew and reactivate the domain without additional fees within the 29 day grace period . Any additional services such as email or web hosting will reactivate at the same time.
If you do not renew your domain name within the 29 day grace period, the Registry will then charge an additional $150 NZD + GST redemption fee to renew the domain name in addition to the normal renewal fee. The redemption period is available for between 29 - 90 days after the grace period and then the domain name may be sold to another party.
All files, information and email under the account will be preserved for 29 days from the date the payment is due. If payment is not received within 29 days, all files, information and mail under the account will be deleted. If the Subscriber wishes to use the Services again, the Subscriber must re-apply using their customer account.
The Subscriber agree that Affordable Domains has the right to delete all data, files or other information that is stored in the Subscriber's account if the Subscriber's account with Affordable Domains is terminated, for any reason, by either Affordable Domains or the Subscriber.
3) Suspension of Services
Affordable Domains has the right to suspend, change, withhold, limit, restrict, replace or terminate service to the Subscriber at any time, and for any reason, without notice. Where Services are suspended or terminated, the Subscriber will be notified of the reason. If suspension or termination results from a breach of these terms and conditions, no refund will be available.
4) Age Restriction
By purchasing services from Affordable Domains the Subscriber certifies that he or she is at least 18 years of age.
Affordable Domains retains the right to alter its fees at any time. Customers will be notified of any changes to the fee structure where applicable. All fees are quoted in New Zealand dollars exclusive of Goods and Services Tax (GST), and are applicable only to New Zealand residents.
Affordable Domains makes no warranties of any kind, whether expressed or implied, for the Services. Affordable Domains also disclaims any warranty of merchantability or fitness for a particular purpose. Affordable Domains will not be responsible for any damage suffered. This includes loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions. Use of any information obtained via Affordable Domains is at the subscriber's own risk. Affordable Domains specifically denies any responsibility for the accuracy or quality of information obtained through its services.
7) Exclusion of Liability
- If the Subscriber uses the Services for business purposes (or has told or represented to Affordable Domains that the Subscriber will do so) then the Subscriber agrees that the Consumer Guarantees Act 1993 does not apply to any Services supplied to the Subscriber by Affordable Domains.
- Any defect in the services or in its maintenance shall not entitle the Subscriber to immediate cancellation of this contract.
- Without limiting the other terms of this contract, the Subcriber's sole remedy against Affordable Domains shall be limited to breach of contract and Affordable Domains's sole and total liability for any such claim shall be limited to, at the option of Affordable Domains, either the re-supply of the Services or the amount of the current monthly Subscriber's Levies for the month during which the breach allegedly occurred.
- Subject only to Affordable Domains's liability for breach of contract (if any) pursuant to clause 7) 3. above, Affordable Domains will not be liable to the Subscriber for any claim for breach of contract, breach of statute or breach of duty in tort (including negligence) or for any claim in equity or otherwise at law for any losses or damages whether general, exemplary, punitive, direct, indirect or consequential (including any claim for loss of profits) however caused which may be suffered or incurred by the Subscriber or any third person or which may arise directly or indirectly out of or in respect of this contract or the services (or its maintenance) or by reason of any act or omission on the part of Affordable Domains to comply with its obligations under this contract.
- Notwithstanding anything herein contained or implied no employee, agent or director of Affordable Domains will be liable to the Subscriber for any breach of duty or care in contract, tort, equity or otherwise in relation to the performance of obligations under this contract or in relation to the subject matter of this contract. This exclusion extends to InternetNZ, the registry and any other entity we are in business relationship with.
- To the maximum extent permitted by law all terms, warranties or representations, whether statutory or otherwise and whether express or implied, oral or written as to the state, merchantability, quality, fitness for purpose or fitness of the services and its maintenance are hereby excluded.
- This clause 7 shall survive termination of this contract.
- Any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied;
- Where the Subscriber or any registrant for whom the Subscriber act supplies incorrect information regarding a domain name and Affordable Domains incurs cost in any matter concerning that name then we may recover the costs incurred from the Subscriber.
8) Relationship of the Parties
- The Subscriber warrants it has not relied on any representation made by or on behalf of Affordable Domains which has not been expressly stated in this contract; or upon any publicity material or brochures produced by or on behalf of Affordable Domains.
- These Terms and Conditions constitute the complete and exclusive understanding between the parties in relation to the subject matter hereof and supersede all prior contracts, proposals, communications and representations made by either party (whether oral or written).These Terms and Conditions shall prevail over any inconsistent terms and conditions in any other contract between the parties whether in correspondence or otherwise and any conditions or stipulations to the contrary are hereby excluded and extinguished.
9) Non Waiver
Failure by any party to enforce any right or obligation with respect to any matter arising in connection with these Terms and COnditions shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under these Terms and Conditions shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation.
10) Legal Provisions
Should any provision of these Terms and Conditions be held to be illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall remain unaffected thereby unless otherwise stated.
11) Force Majeure
Affordable Domains shall not be liable to the Subscriber or to any other person for any loss or damage directly or indirectly arising out of or in connection with any failure to perform any term of these Terms and Conditions where such failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation, or any other cause outside of Affordable Domains's reasonable control.
Should any provision of these Terms and Conditions be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall remain unaffected thereby unless otherwise stated.
These Terms and Conditions shall be governed by New Zealand law. The Subscriber agrees to submit to the exclusive jurisdiction of the New Zealand courts.
Affordable Domains reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this web site. The Subscriber's continued use of the web site or the Services following such notification will represent an agreement by the Subscriber to be bound by the Terms and Conditions as amended.
15) Linked Sites
This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.
Affordable Domains is not responsible for the content or privacy practices associated with linked web sites.
Links with linked web sites should not be construed as an endorsement, approval or recommendation by Affordable Domains of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
By default all domains, unless otherwise redirected, point to Affordable Domains 'parked' page. This page may contain Google advertisements.
The Subscriber is aware of his/her/its rights under the Privacy Act 1993 to have access to personal information held by Affordable Domains and to request correction to the information and to be informed of action taken in response to any such request and/or to request that there be attached to the information a statement which the Subscriber can supply to Affordable Domains relating to the fact that the Subscriber has requested a correction. The Subscriber agrees to pay Affordable Domains the reasonable charges requested by Affordable Domains in relation to time and attendances involved in complying with the Subscriber's request in this regard.
18) Security of Information
No data transmission over the internet can be guaranteed to be totally secure. While Affordable Domains strives to protect such information, Affordable Domains does not warrant and cannot ensure the security of any information which the Subscriber transmits to Affordable Domains. Accordingly, any information which the Subscriber transmits to Affordable Domains is transmitted at the Subscriber's own risk. Nevertheless, once Affordable Domains receives the Subscriber's transmission, Affordable Domains will take reasonable steps to preserve the security of such information.
1) Registrar's Obligations
We agree that we will:
1.1 comply with all .nz policies and accurately represent these to you;
1.2 disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
1.3 comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
1.4 process any new .nz domain name registrations with the registry within 1 hour from the time we receive all the information required to complete a registration if it is within our advertised business hours of 9:00 am - 5:00 pm [Monday-Friday], and otherwise within 24 hours;
1.5 notify you of the registration of your domain name(s), including the details of: the domain name, your own contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
1.6 arrange for correction of any error in the information in the register about any domain name registered to you when requested;
1.7 provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
1.8 use your personal information only as authorised by you;
1.9 take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
1.10 comply with any order of any authority having jurisdiction regarding any domain name registered to you;
1.11 use our best endeavours to deal with any complaints you may have about the services we provide for you.
2) Registrant's Obligations
You agree that you will:
2.1 comply with the .nz policies. You agree that you have read and understood the current policies;
2.2 make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
2.3 keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
2.4 satisfy yourself that your use of a domain name will not infringe anybody's intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
2.5 ensure that you only use our services for a lawful purpose;
2.6 ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
2.7 ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
2.8 protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
Duties of Other Persons
2.9 You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
3) Registation of a Domain Name
When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:
3.1 that the following information becomes available to any member of the public:
- your name,
- your own contact details and
- the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.
3.2 the domain name is registered in your name only because no other person has it according to the records of the register; and
3.3 neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and
3.4 that you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.
4) Register is the Record
For all purposes the details shown in the register shall be treated as correct and the authoritative record.
5) Payment of Fees
5.1 You agree to pay for the services we provide for you.
5.2 If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
5.3 We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.
5.4 Our usual fees are for [specify what the registrant normally pays the registrar for]. We may also charge for [specify type of additional services that registrar may provide] provided by us. We will tell you before any additional charge is incurred.
5.5 Our prices are stated in [New Zealand] dollars and include GST [applicable local tax].
6) Suspension And Refusal To Supply Services
If you do not pay our charges for a domain name registered to you we may:
- cancel registration of that domain name; or
- refuse to provide a service you request.
7) Cancellation of a Domain Name
If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.
8) Exclusion of Liability
We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of :
8.1 InternetNZ, the registry and any other entity we are in any business relationship with;
8.2 every officer, employee, contractor, agent of us or any entity in clause 8.1;
8.3 anyone else we get to perform our duties under any agreement you have with us.
None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.
This exclusion applies whatever you are claiming for and in whatever way liability might arise.
This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
9) Limitation of our Liability
We have excluded all other liability we or any of the persons specified in clause 8 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 8 then this clause applies.
Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month's fee paid by you under this agreement.
10) Law and Jurisdiction Applying to this Agreement
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 14 says otherwise.
To the extent legally permitted:
10.1 all our services are provided under New Zealand law;
10.2 any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;
10.3 except as otherwise stated, you may take action against us only in a New Zealand court;
10.4 where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.
11) Cancelling the Agreement
11.1 We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
11.2 We may end the agreement for any other reason by giving you one month's notice.
12) More Than One Person
You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.
13) Each Clause Separately Binding
Each clause of the agreement you have with us is separately binding.
If for any reason we, you, or any of the persons specified in clause 8 cannot rely on any clause, all other clauses of it are binding.
14) Rights and Responsibilities that Continue
The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 2, 4 - 10, 12 - 13, and this clause 14.
All prices are in New Zealand Dollars and are exclusive of GST.