AU.COM Domain Registration & Information

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au.com
Total Registration Cost	$ 98.00 (2 years) Our all-inclusive price covers: our fast registration service registry fees payable for your domain GST (applicable to Australian customers) free web forwarding for 12 months (including cloaking) tax invoice and registration confirmation by email, fax or post
Turn-around time	2 days
Renewal or Transfer	AUD 165.00 per 2 years after the initial license period runs out
Search now	.au.com

General information for .au.com names

You can register anything with an .au.com ending, subject to availability. Unlike .com.au and .net.au, there are no restrictions.

A registered Australian business is not required, so .au.com names are available to individuals, foreign companies and other groups that do not qualify for other .au name types.

There are no restrictions on place names, dictionary words etc (unlike .com.au) so many names, including generic terms and industry types, may still be available.

AU.COM is the fastest growing Australian domain name ending, and now larger than the official net.au ending and second only to com.au.

Generally faster registration turn-around time than for .com.au and .net.au names.

Special requirements for .au.com domains

None - just be the first to request and pay for a name that is still available and it's yours.

Formal policies applicable to .au.com registrations

The following terms and conditions apply for registration of AU.COM names, which are effectively sub-domains of a private domain space owned and managed by an Australian company called Netregistry.

The following terms of business apply to any or all of the domain name registration, Web site hosting, email and Secure Web Page services to be provided by NetRegistry to you from time to time, as well as any services provided by us under any reseller or PISP agreement (Services and individually Service). Server means the computer server equipment operated by us in connection with the provision of the Services. Web Site means the area on the Server allocated by NetRegistry 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.

SPECIAL TERMS OF CONTRACTS

Domain Name Registration terms

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.

2. 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. 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.

SPECIAL TERMS & CONDITIONS FOR THE REGISTRATION OF SUB-DOMAINS UNDER .AU.COM:

We are entitled to register Domain Names on a first come, first served basis, whether or not it has received payment for registration and, until we have confirmed it as a pending registration, there is no guarantee that the Domain Name applied for will be entered in the Register as such. You are advised not to take any action in respect of the registration of a Domain Name before it becomes a full registration. 1. Our Rules for the .au.com Sub-Domains and the procedures of our Dispute Resolution Service (both of which as at the date hereof can be seen below), in each case as amended from time to time, form part of this agreement. Copies of those Rules and procedures may also be obtained directly from us. 2. Within fifteen (15) days after the issue of our invoice, you will pay the initial registration fee to us and sign and return to us the Application Form, confirming your acceptance of these terms and conditions. You will be responsible for the payment of all fees, whether or not the sub-domain is registered by means of any reseller of NetRegistry or agent of your own. You warrant that the details submitted by you to us, in the Application form are true and correct, and that future additions or alterations to those details will be true and correct. 3. You will be responsible to obtain the consent of individuals whose personal data are to be held on the Register of .au.com Domain Names to the access referred to in clause 10 below and promptly notify NetRegistry of any change to its registered details, including where an agent is appointed, any change to the agent's details. 4.1 Where an application for a sub-domain is accepted and entered with other relevant details in the Register of .au.com Domain Names as a pending registration, it may be deleted by us and made available to any other applicant if the fee invoiced to you is not paid within the time specified in our invoice, and you will not be entitled to any refund of any money paid; if an application is not accepted, NetRegistry will notify you or the person lodging the application on your behalf and return any payments received. 4.2 A pending registration will be converted to a full registration on receipt of both the initial registration fee and the correctly completed Application Form. 5. The initial registration period is one year from the date of the application for registration. Thereafter, the registration may be renewed indefinitely for further periods of one or more years, on payment of the renewal fees applicable from time to time. 6. You may surrender the registration of the Domain Name by notice in writing to us at any time prior to issue of an invoice and on issue of the invoice for that Domain Name, such notice being delivered by hand or sent by prepaid post, by fax or email The notice will be effective: if delivered, on delivery; if sent by fax or email, when the sender receives confirmation of receipt; and if sent by post, on the fourth day after posting. No other method of surrender is permitted after issue of a invoice. Once the Domain Name and your details have been entered in the Register of .au.com Domain Names as a full registration no refund of fees will be payable by us. 7. We may cancel the registration or suspend the delegation of a Domain Name in any circumstance permitted by this agreement, by notice in writing to you or the agent. In addition, we may do so where to maintain the registration would put us in conflict with statutory obligations or the terms of a Court Order, or where the registration or use of the Domain Name conflicts with our Rules for the .au.com Sub-Domains in force from time to time. 8. NetRegistry does not accept any responsibility for the use of any Domain Name on the Register of .au.com Domain Names and in particular for any conflict with trade marks, registered or unregistered, or with rights to names in other contexts. An invoice is not intended to be evidence of ownership of the name used as a Domain Name. 9. You warrant that neither the registration of the Domain Name nor the manner in which the Domain Name is directly or indirectly used infringes or will infringe the legal rights of a third party. Our remedies under this warranty will continue to be available after completion of the registration process and notwithstanding any subsequent surrender, cancellation or transfer of the registration of the Domain Name. 10. The Register of .au.com Domain Names will include the names of you and the Administrative Contact and other details relating to them. You hereby permit us to allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the Domain Name or any other related purpose

RULES FOR THE AU.COM SUB-DOMAINS

1. PROCESS DETAIL

The au.com domain is for the registration of names relating to commercial enterprises. No limitation is placed on the number of names that may be applied for or the use for which they are being put to subject to any request meeting the rules as applying at the time when the request is made. SYNTAX rules for domain name requests. [These rules apply at the top level of delegation only: e.g. the xxx in xxx.au.com, xxx.name.au.com, and so on, but not within a delegated domain.]

2. MANDATORY RULES

The rules as specified in the document Rules for the .au.com sub-domains shall apply in full. Where two applications are for the same name then the one which is received first shall have prior claim.

3. RECORDS

A record will be created in our database from which NS records will be generated and loaded into the primary nameservers for the zone.

DISPUTE RESOLUTION SERVICE FOR REGISTRATION OF SUB-DOMAINS UNDER AU.COM

NetRegistry Dispute Resolution Service

On learning of a dispute about an Internet Domain Name registered under a sub-domain of au.com, between the organisation or individual and another laying claim to a stronger right to register it, NetRegistry will assist the parties by providing the following services: Investigation

1. NetRegistry will seek to establish whether a mutually acceptable resolution to the dispute can be found by the impartial intervention of Senior Executive staff of NetRegistry.

Formal action under the rules

1. Under the rules for the .au.com sub-domains, NetRegistry may suspend or terminate delegation of an Internet Domain Name in certain circumstances (as NetRegistry may determine. The dispute that arises most frequently is where it is drawn to NetRegistry attention by a third party that in their view a Domain Name is being used in a manner likely to cause confusion to Internet users. There are other more objective circumstances which may lead to suspension, including where it is drawn to NetRegistry attention that a Domain Name is administered in a way likely to endanger operation of the DNS.

2. If investigation does not lead to a mutually acceptable resolution of the dispute, NetRegistry will consider the evidence assembled during the investigation to determine whether the delegation of the Domain Name should be suspended.

3. If any party affected is dissatisfied with NetRegistry decision to suspend or terminate (or not to suspend or terminate) delegation of a Domain Name, NetRegistry will, at that party's request, refer the suspension to an independent expert for a written recommendation that NetRegistry should confirm or revoke its decision. Fees and expenses are borne by that party.

4. The expert will be sent copies of all letters, faxes, email and notes, together with a short statement by NetRegistry, confirming the background, timing and implementation of its decision.

5. The interested parties will be informed by NetRegistry of the referral to the expert and provided with copies of relevant documents. The expert will invite the parties affected by the suspension, or failure to suspend, to make one written submission, within 14 days, of his or her receipt of all the documents referred to in paragraph 4.

6. Neither party will have the right to call for a hearing before the expert at which witnesses would be examined. The expert may invite the parties to appear before him or her.

7. The expert will issue his or her written recommendation to NetRegistry with reasons, with copies to any other party, no later than one month after receipt of the documents referred to in paragraph 5 above from NetRegistry.

8. Immediately on receipt of the expert's recommendation, NetRegistry will reconsider its earlier decision to suspend, or not to suspend, the delegation of the Domain Name. A final decision will be made and confirmed to all interested parties.

9. If either party is dissatisfied with NetRegistry final decision on suspension of delegation of the Domain Name, NetRegistry will inform the parties of the NetRegistry Alternative Dispute Resolution Service, administered by the Australian Commercial Disputes Centre and forward to them details of the service. If one of the parties refuses to enter into a mediation agreement (or mediation does not resolve the dispute), the dissatisfied party will remain in a position to seek advice from its lawyers about pursuing its case by litigation in the courts or (with the agreement of the other party) in arbitration.

The NetRegistry Alternative Dispute Resolution Service

1. NetRegistry ADR is a form of mediation whereby parties to a dispute agree with a neutral third party intermediary to assist them to reach a negotiated settlement agreement. Mediation fees and expenses are borne by the parties. The process aims to avoid the delay, expense and confrontation associated with litigation and arbitration. Parties invoking the NetRegistry ADR Service do not have to pay a membership or arrangement fee to the Australian Commercial Disputes Centre. Mediation fees will be quoted, on request, by the Australian Commercial Disputes Centre help desk (tel. +61 2 9267 1000, fax +61 2 9267 3125).

2. Mediation (sometimes described as conciliation) is non-binding in that there is no commitment to settle and the mediator has no power to impose a solution. However, when an agreement is reached it may be documented and signed by the parties. This will create an enforceable contract at the option of the parties, which can be used in Court.

Australian Commercial Disputes Centre is an independent non-profit making body.

GENERAL TERMS AND CONDITIONS

The following terms and conditions apply to all reseller and PISP contracts and provision of all Services, including the registration of .au.com sub-domains the special terms for which are set out below:

Service Availability

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.

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 and merchant services agreements between you and the relevant financial institutions.

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 reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

Termination

1. We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.

2. We may terminate this agreement upon written notice if you breach any of these terms and conditions and you fail to correct the breach within thirty (30) days following written notice from us specifying the breach, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.

3. On termination of this agreement 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 14 days and allow you to collect it, at your expense, 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.

Payment

1. 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 shall be due and payable within fifteen (15) days of receipt of our invoice therefore.

2. 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.

Exclusion and Limitation of Liability

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 IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES 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.

2. Our total aggregate liability to you for any claim in contract, tort, negligence 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.

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.

IMPORTANT NOTE: In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:

a. in relation to goods

i. 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

ii. the repair of the goods or payment of the cost of having the goods repaired;

b. in relation to services

i. the supplying of the services again; or

ii. The payment of the cost of having the services supplied again

as in each case we may elect.

Notices

Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, fax, 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.

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.

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.

Change to Terms on Renewal

We may change the terms and conditions of this Agreement on renewal or assignment/transfer, by notice in writing to you (or the assignee/transferee, as the case may be).

Entire Agreement

These terms and conditions constitute the entire agreement between NetRegistry and you, 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 NetRegistry.

Entire Agreement, Governing Law

This agreement shall be governed by the laws in force in the state of New South Wales. Both parties hereby submit to the exclusive jurisdiction of the Courts of that State.

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