Our Terms of Service

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 an 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.

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.

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.

• 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.

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.

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.

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.

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.

Affordable Domains undertakes to comply with the terms of its privacy policy which is available on this web site.

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.

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.

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.

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 excludes GST [applicable local tax].

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.

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.

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.

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.

Please note that we do not support Premium Domain Name Registrations which come at an increased cost. Should your domain name be classed as a Premium Domain, registration will be stalled. In a nutshell, Premium domains are high-value domains that have the potential to become popular web addresses with strong branding opportunities. They may come with a significantly higher domain registration price, and in some cases, they may have a higher domain renewal and transfer cost.

Whether directly or indirectly using our services, constitutes your acceptance of these terms and agreement to abide by them. We reserve the right to amend or adjust these terms at any time, though we'll do our best to notify you in advance. Your continued use of our services constitutes your acceptance of any changes we make.

Any client using the services of Affordable Domains has by action of acceptance agreed to all terms and policies set forth. You are solely and fully responsible for the content of your account. Any and all repercussions will be borne solely by you as the account holder.

Any activity to implement or assist in the implementation of denial of service attack. Affordable Domains absolutely prohibits the use of Services for the origination, propagation or control of denial of service attacks ("DoS") or distributed denial of service attacks ("DDoS"). Customers may not utilise the Services to perform DoS or DDoS mitigation activities (such as service proxying or data scrubbing) which may result in attracting inbound denial of service attacks toward the Services. Any relation to DoS or DDoS type activity is a direct violation of Affordable Domains's AUP.

Affordable Domains does not support unsolicited email messages sent by users of our system ( also known as junk email or spam ). Users sending unsolicited email messages from our system will have all of their services temporarily suspended. They will then be contacted by Affordable Domains and informed of the suspension before having their services reinstated. A repeated offence may cause cancellation of service without refund of any fees. Affordable Domains does not allow any hosting account to give out free or paid email hosting on a public level. Reseller accounts are exempt from this, however spam guidelines still apply. It is up to the reseller to monitor and control outgoing junk email / spam.

Violation of Intellectual Property Rights: The Services and/or Third Party Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, retransmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Affordable Domains or any other party, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognised by statute, judicial decision or regulation.

Affordable Domains strictly prohibits any activity associated with phishing or systems designed to collect personal information (name, account numbers, user names, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal or suspension of Customers account.

You may only use IP addresses assigned to you by Affordable Domains in connection with your Affordable Domains Services. You agree that if the Affordable Domains IP addresses assigned to your account are listed on an abuse database, you will be in violation of this AUP, and Affordable Domains may take reasonable action to protect its IP addresses, including suspension and/or termination of your Service, regardless of whether the IP addresses were listed as a result of your actions.

You may not send unsolicited email. Email is unsolicited if you have no pre-existing relationship with the recipient, unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive the email. You may not send email of any kind to a person who has indicated that they do not wish to receive it. This prohibition includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services. The falsifying of packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin or knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the Customer mails or sends. Any such email shall comply with all laws and regulations, including without limitation, The Unsolicited Electronic Messages Act 2007 (the UEM SPAM Act).

Affordable Domains may terminate your Services if your email address or related IP number(s) is/are blacklisted by any third-party, or Affordable Domains is retaliated against as a result of your use of the mail system, regardless of whether you are in breach of this AUP or are otherwise at fault.

In no event will Affordable Domains be liable for any losses or damages arising out of the use of or inability to use Affordable Domains's services or any content thereon. We take no liability in case of data loss, users should always keep their own backups of important data. We do offer a very cost effective backup service that we encourage all our clients to subscribe to as this adds extra data retention in any event of a node or data loss.

*** All prices are in New Zealand Dollars and are exclusive of GST.