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HIVE GROUP AUSTRALIA
DOMAIN NAME REGISTRATION AGREEMENT
This Domain Name Registration Agreement (“Agreement”) sets out the terms and conditions that govern your use of Hive Group Australia’s domain name registration services. This Agreement is legally binding between the Registrant (“you”, “your” or the “Registrant”), and Hive Group Australia Pty Ltd A.C.N. 117 774 071 (“we”, “us”, “our”, or “Hive Web Hosting”), upon acceptance by Hive Group Australia, according to the terms and conditions of this Agreement, and for the purpose of registering a Domain Name.
Unless otherwise specified, this Agreement applies to the registration of all domain names through the services provided by Hive Group Australia. You agree to accept and be bound by these terms and conditions:
We may elect to accept or reject your Domain Name registration application for any reason and at our sole discretion.
Hive Group Australia may change the terms and conditions of this Agreement either by obtaining your consent or giving you notice. The period of notice given by Hive Group Australia depends on the nature of the change. If:
Agreement means the Hive Group Australia Domain Name Registration Agreement;
Application means the Gold Coast Domain Name Registration form located on the Website for the purpose of submitting an application for registration of a Domain Name with Hive Group Australia;
auDA means the .au Domain Administration Ltd;
Authorised User means employees and/or contractors who undertake work on behalf of the Registrant, who have otherwise been permitted to act on behalf of the Registrant with respect to the Services;
ccTLDs means country-specific domain names;
Domain Name means the Internet domain name that you have registered or purport to register;
gTLDs means top-level domains;
ICANN means the Internet Corporation for Assigned Names and Numbers;
Insolvency Event means bankruptcy, administration compromise, arrangement, amalgamation, reconstruction, winding up, dissolution and assignment for or compromise with creditors, and ‘Insolvent’ will be construed accordingly;
Registrant means the person, entity or association applying to register a Domain Name via the Website;
Registrant Data means all relevant information about any Domain Name Registrant;
Register means the central register of domain names, which is managed and maintained by the Registry;
Registry means the person or entity responsible for providing Registry Services, in accordance with an agreement with ICANN (or its successor);
Registry Services means the operation of the Registry for the registration of generic (gTLD) and country code (ccTLD) Top-Level domain names;
Services means the services Hive Group Australia provides to Registrants for the purpose of registering and/or renewing a Domain Name; and
Hive Group Australia is an authorised domain reseller of an accredited registrar with ICANN for gTLDs, and Australian ccTLDs. ICANN oversees registrations and other aspects of the gTLDs. As an authorised domain name reseller, Hive Group Australia is, upon accepting your Domain Name registration application, your sponsor for that application. All domain name registrations we register for gTLDs are not effective until we have delivered your Domain Name registration information to the Registry for the domain names, as applicable, and the Registry puts into effect your Domain Name registration.
Upon approval by the Registry and by Hive Group Australia, you will receive a licence to register, use and renew your Domain Name.
You agree and acknowledge that:
You agree to indemnify, defend and hold harmless the registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, your Domain Name registration.
You further agree and acknowledge that:
Submitting an Application for Registration of Domain Name
Hive Web Studio provides a database on the Website with which you are able to search for available domain names for the purpose of submitting an Application via the Website. We do not warrant that any available domain name on the database will guarantee an approved Application to acquire a licence relating to that domain name.
Registration of a Domain Name
You agree and acknowledge that:
Hive Group Australia’s Obligations
In providing our Services to you, Hive Group Australia will:
Term of Agreement
This Agreement commences at the completion of the following events:
Acceptance will be deemed to have occurred when Hive Group Australia issues the Registrant an acceptance and confirmation email to an email address provided by the Registrant.
Subject to earlier termination by either party, and in accordance with this Agreement, this Agreement may be renewed by either party prior to the expiry date of the Services. The terms and conditions of a future agreement may differ from this Agreement.
The Agreement may be terminated:
Upon termination of this Agreement, Hive Group Australia will have no liability to you whatsoever in relation to such cancellation and/or deletion.
Fees and Payment
Unless the Registrant and Hive Group Australia otherwise agree in writing, the fees for the Services are as set out on the Website, in Australian Dollars and inclusive of GST. All fees (including any registration fees required by ICANN and/or the Registry) for the Services must be fully paid at the time you submit the Application for review and acceptance by Hive Group Australia and the Registry.
We will issue you with a tax invoice when we send you an acceptance and confirmation email for your Application. Payments must be made directly to Hive Group Australia via PayPal, Visa, Mastercard, Cheque, Direct Deposit or Direct Debit. Payments made by way of credit card will incur a fee equal to 3% of the tax invoice, and payments made by way of Cheque will incur a $5 processing fee per Cheque. You will be advised of any additional fees or charges associated with the method of payment prior to completing the purchase. Payments will not be deemed to have been received by Hive Group Australia until all funds are cleared.
You agree that:
UNLESS WE ARE OTHERWISE INSTRUCTED, THE SERVICES DO NOT AUTOMATICALLY RENEW.
If you wish to renew the Domain Name registration licence, you agree and acknowledge that:
Upon receiving your written notice for renewal and corresponding renewal fees, Hive Group Australia will renew the Services for a renewal period equal in time to the original service period. For example, if your original service period is for one year, your renewal period will be for one year.
Cancellations and/or Early Terminations
In the event that this Agreement is terminated or the Domain Name registration is cancelled prior to the expiry date of the Domain Name licence, and in accordance with the provisions of this Agreement, any additional fees, charges and expenses incurred by Hive Group Australia arising from cancellation or early termination will be charged to the Registrant, and are non-refundable.
Dispute Resolution Policy
Any dispute between you and Hive Group Australia relating to the Domain Name will be governed by the Uniform Domain Name Dispute Resolution Policy, available at: http://www.icann.org/en/dndr/udrp/policy.htm.
Exclusions and Limitations of Liability
Hive Group Australia does not investigate whether or not any Registrant is entitled to hold any rights in a Domain Name, nor does it acknowledge that any Registrant has rights to use the names or words used in the Domain Name in the course of trade.
To the extent permitted by law, Hive Group Australia will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:
whether in contract, tort (including negligence) or otherwise.
All conditions and warranties, which may be implied by law into this contract, are excluded except to the extent that it would be unlawful to do so.
To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Agreement, is limited, at our option, to one or more of the following:
To the fullest extent permitted by law, you agree to indemnify us from any liability for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from your use of our Services.
Any notice to be given by Hive Group Australia under this Agreement or in relation to our Services will be in writing, and sent to the email address recorded in the Register in respect of the relevant Domain Name or by posting the relevant information on the Website. Such notice shall be deemed to have been given at the time it is sent by Hive Group Australia.
The Registrant shall not assign, transfer or sublicense any of its rights or obligations under this Agreement, except with the prior written consent of Hive Group Australia.
If any provision of the Agreement is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
All rights not expressly granted in the Agreement are reserved.
If we do not act in relation to a breach of the Agreement by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Agreement by you.
The laws of Queensland, Australia govern this Agreement.
If you have any questions relating to the Agreement, please contact us by emailing firstname.lastname@example.org
Domain Name Registration Agreement last updated on 1 July 2013.