1. auDA and Registrar’s Agency
1.1 When purchasing a domain name a customer enters into a registration agreement with UFO Solutions & Uber Global Pty Ltd (the Registrar). This agreement also includes domains purchased through the subsidiary brands of Uber Global Pty Ltd: AussieHQ and Jumba.
1.2 In this agreement, auDA means .au Domain Administration Limited ACN 079 009 340, the .au domain names administrator.
1.3 The Registrar acts as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of rights and covenants conferred to it under this agreement. auDA is an intended third party beneficiary of this agreement.
2. auDA Published Policy
2.1 In this clause, auDA Published Policies means those specifications and policies established and published by auDA from time to time at http://www.auda.org.au.
2.2 Registrant must comply with all auDA Published Policies, as if they were incorporated into, and form part of, this agreement. In the event of any inconsistency between any auDA Published Policy and this agreement, then the auDA Published Policy will prevail to the extent of such inconsistency.
2.3 Registrant acknowledges that under the auDA Published Policies:
2.3.1 there are mandatory terms and conditions that apply to all domain names licences, and such terms and conditions are incorporated into, and form part of, this agreement; and
2.3.2 Registrant is bound by, and must submit to, the .au Dispute Resolution Policy; and
2.3.3 auDA may delete or cancel the registration of a .au domain name.
3. Registration of Domain Names
3.1 A Domain Name Application must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.
3.2 The Registrar and the Registrant do not have any proprietary right arising from:
3.2.1 the registered Domain Name; or
3.2.2 the entry of a Domain Name in the Registry Database.
3.3 All personal information pertaining to the Registrant is held by auDA for the benefit of the Australian public.
4. Consent to Use Registrant Information
The Registrant grants to:
4.1 auDA, the right to publicly disclose to third parties, all information relating to the registered Domain Names in accordance with the Published Policies which are available on auDA’s website http://www.auda.org.au;
4.2 the Registrar, the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the Domain Name in the Registry; and
4.3 the Registry Operator, the right to publicly disclose to third parties, all information relating to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service, provided that such disclosure is consistent with:
4.4 the National Privacy Principles; and
4.5 auDA’s Published Policies.
5. Change of Registrars
5.1 The Registrar must ensure that the Registrant can easily transfer registered Domain Names to another registrar in accordance with the Published Policies. The Published Policies include, but are not limited to, such matters as:
5.1.1 the maximum fees chargeable by the Registrar;
5.1.2 when fees are not chargeable by the Registrar;
5.1.3 the conditions pursuant to which the Registrar must transfer; and
5.1.4 the conditions pursuant to which the Registrar does not have to transfer.
5.2 In the event that:
5.2.1 the Registrar is no longer a registrar; or
5.2.2 the Registrar’s auDA Accreditation is suspended or terminated; or
5.2.3 the Registrar Agreement is terminated by auDA,
the Registrant is responsible for transferring the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of written notice being provided to the Registrant by auDA.
5.3 In the event that the Registrar Agreement between auDA and the Registrar is terminated, the Registrar must not charge the Registrant any fee for the transfer of the registered Domain Name to another registrar.
6. Registrar’s Obligations
6.1 The Registrar must immediately give written notice to the Registrant if:
6.1.1 the Registrar is no longer a registrar; or
6.1.2 the Registrar’s auDA Accreditation is suspended or terminated; or
6.1.3 the Registrar Agreement is terminated by auDA.
6.2 auDA may post notice of:
6.2.1 the fact that the Registrar is no longer a registrar;
6.2.2 the suspension or termination of a Registrar’s auDA Accreditation; or
6.2.3 the termination of the Registrar Agreement between auDA and the Registrar on its web site and may, if it considers appropriate, give such notice to the Registrant.
7. Registrant’s Other Obligations
7.1 Throughout the Term of the Registrant Agreement, the Registrant must:
7.1.1 comply with the Published Policies;
7.1.2 give notice to the Registry Operator, through the Registrar, of any change to any information in the Registrant Data.
7.2 The Registrant must not, directly or indirectly, through registration or use of its Domain Name or otherwise:
7.2.1 register a Domain Name for the purpose of selling it;
7.2.2 register a Domain Name for the purpose of diverting trade from another business or web site;
7.2.3 deliberately register misspellings of another entity’s company or brand name in order to trade on the reputation of another entity’s goodwill; and
7.2.4 register a Domain Name and then passively hold a Domain Name Licence for the purpose of preventing another registrant from registering it.
7.3 The Registrant must not in any way:
7.3.1 grant or purport to grant a registered domain name as security; or
7.3.2 encumber or purport to encumber a domain name registration.
8. Dispute Resolution
8.1 auDA currently has in place a dispute resolution policy called auDRP (the .au Dispute Resolution Policy) which applies in the event of disputes between a registrar and a registrant, or between a registrant and a third party, in relation to entitlements to domain names in .au. The auDRP binds the Registrar and the Registrant as if it were incorporated in the Registrant Agreement.
8.2 The Registrant acknowledges that auDA may develop and implement other dispute resolution policies which are accessible by the Registrant as an alternative and further to any complaints handling procedure prescribed by the Registrar. Such policies bind the Registrar and the Registrant as if they were incorporated in the Registrant Agreement.
9. Registrant Warranties
The registrant makes, and is taken to have made, the following warranties, when applying to register or renewal the registration of a domain name:
9.1 all information provided to register or renew the registration of the domain name (including all supporting documents, if any) are true, complete and correct, and are not misleading in any way, and the application is made in good faith;
9.2 the registrant meets, and will continue to meet, the eligibility criteria prescribed in auDA”s published policies for the domain name for the duration of the domain name licence;
9.3 the registrant has not previously submitted an application to apply for the same domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application;
9.4 the registrant is aware that even if the domain name is accepted for registration, the registrant”s entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name;
9.5 the registrant is aware that auDA or the registrar can cancel the registration of the domain name (that is, the domain name licence) if any of the warranties set out above is found to be untrue, incomplete, incorrect or misleading.
10.1 To the fullest extent permitted by law, auDA will not be liable to Registrant for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss or profit, loss or corruption of data, business interruption or indirect costs) suffered by Registrant arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors.
10.2 Registrant agrees to indemnify, keep indemnified and hold auDA, its employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, Registrant’s registration or use of its .au domain name.
10.3 Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.
11. Service Levels
11.1 UFO Solutions provide customer service 9 to 5 Monday to Friday via email and phone.
11.2 UFO Solutions will process all .au domain registrations and renewals within a timely manner.
11.4 UFO Solutions provide a domain management interface where all registrants will be able to update their domain details through an easy to use online interface.
12. .au Domain Cancellation Policy
12.1 There is a 3 calendar day grace period during which a new domain name registration can be deleted, or a renewal cancelled, with immediate effect and the registration or renewal fee will be refunded to the registrar.
12.2 No refunds of any kind will be provided for domain registrations that are cancelled after the initial grace period.