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Terms and Conditions |
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1. Parties
1.1 iRegistrations is the service
provider under this contract.
1.2 The Client is the person completing
this form, or the entity on whose behalf
the form is completed. If the latter is
the case, the person completing this form
warrants that they are authorised to complete
the form on behalf of the Client, and if
not, that person shall be personally liable
under this contract.
1.3 The Client warrants that all
information submitted in this form is true
and accurate, does not contain misleading
information, and has no material omissions.
1.4 The Client shall notify iRegistrations
immediately should any information contained
in this form change after submission of
the form.
2. Provisions of Services
2.1 The form completed by the Client
is an order form. iRegistrations may elect
whether or not to accept the order, in its
absolute discretion.
2.2 If iRegistrations accepts the
order, iRegistrations agrees to provide
the following services, as selected by the
client, on the terms of this agreement:
(a) registration of domain names and e-mail
addresses;
(b) renewal of registration of domain names
and e-mail addresses; and
(c) management of domain names.
2.3 Domain Name Registration
2.3.1. Upon acceptance of a domain
registration order, iRegistrations will
use reasonable endeavours to register the
chosen domain name, but will not be responsible
for any delays in seeking registration.
2.3.2. Registration is subject to
availability of the domain name and the
approval of the Registrar. iRegistrations
does not warrant that the requested domain
name will be available.
2.3.3. Availability of domain names
can be checked by clicking HERE.
2.3.4. The Client bears the onus
of checking availability and likely approval
of the domain name requested and Domain
Name Registration fees are not refundable.
2.3.5. The Client warrants that it
is entitled to use the requested domain
name and no rights of a third party will
be infringed by use of the requested domain
name. -
2.3.6. The Client shall notify iRegistrations
forthwith should any legal proceeding be
commenced or threatened against the Client
in respect of its use of the domain name.
2.3.7. iRegistrations will notify
the Client when the requested domain name
has been registered. The Client shall not
attempt to use the requested domain name
prior to notification by iRegistrations
2.3.8. The Client shall notify iRegistrations
of the URL to which the domain name should
be directed and failing such notification,
it will be directed to iRegistrations's
home page.
2.4 Domain Name Renewal
2.4.1 The Domain management length
is the period for which domain names are
to be renewed for. Applicant acknowledges
that the registration resides with the relevant
registrar for a period of two years. iRegistrations
acts only to apply for renewal of the registration
when required and takes no responsibility
if for any reason the relevant registrar
fails to renew the domain name(s).
2.4.2 iRegistrations shall endeavour
to notify the Client approximately two months
prior to expiry of the current registration,
but is not responsible for loss of registration
should it fail to do so.
2.4.3 The Client shall apply for
renewal not later than 21 days prior to
the expiry of the registration.
2.4.4 Upon receiving a request for
renewal and payment of the renewal fee,
iRegistrations will use reasonable endeavours
to renew the registration of the domain
name, but will not be responsible for any
delays in seeking renewal of the registration.
2.4.5 The Client acknowledges that
non-renewed registrations make the domain
name available for other persons and the
Client may lose the right to use the domain
name.
2.5 Domain Name Management Upon acceptance
of a domain name management order, iRegistrations
will manage the domain name on behalf of
the client.
2.5 E-mail Address Registration
2.5.1 Upon acceptance of a e-mail
registration order, iRegistrations will
use reasonable endeavours to register the
chosen e-mail address, but will not be responsible
for any delays in seeking registration.
2.5.2 Registration is subject to
availability of the e-mail address and the
approval of the Registrar. iRegistrations
does not warrant that the requested e-mail
address will be available.
2.5.3 Availability of e-mail addresses
can be checked by clicking HERE. The rules
of the Registrar regarding approval of e-mail
addresses are available by clicking HERE.
2.5.4 The Client bears the onus of
checking availability and likely approval
of the e-mail address requested and E-mail
address Registration fees are not refundable.
2.5.5 The Client warrants that it
is entitled to use the requested e-mail
address and no rights of a third party will
be infringed by use of the requested e-mail
address.
2.5.6 The Client shall notify iRegistrations
forthwith should any legal proceeding be
commenced or threatened against the Client
in respect of its use of the e-mail address.
2.5.7 iRegistrations will notify
the Client when the requested e-mail address
has been registered. The Client shall not
attempt to use the requested e-mail address
prior to notification by iRegistrations
2.5.8 If the Client requests e-mail
forwarding services from iRegistrations,
iRegistrations may limit the size of e-mail
messages in it absolute discretion.
2.5.9 The Client warrants that its
e-mail address will not be used for the
purpose of sending unsolicited e-mail. Breach
of this term may result on cancellation
of the e-mail address registration.
2.5.10 The Client warrants that the
password associated with the e-mail address
will not be disclosed to anyone else.
2.5.11 iRegistrations does NOT warrant:
(a) that the e-mail address will be accessible
at all times; nor
(b) that e-mail will not be lost;
2.6 Additional Services
2.6.1 The Web Services Included promotion
is for a limited time only, and iRegistrations
reserves the right to alter or withdraw
this promotion without prior notice. Any
changes will be published at www.iRegistrations.com
2.6.2 During the promotional period
each domain registered automatically attracts
the provision of the following services
by iRegistrations: 50 Mb Space, 2 Gb/month
website visitor traffic, 10x POP email accounts,
MySQL, CGI-Bin, Control Panel, Search engine
submission.
2.6.3 iRegistrations agrees to use
reasonable endeavors to provide the above
services to the account of each domain,
but will not be held responsible for any
delays in or interruptions to the provision
of these services.
2.6.4 The initial 1 month provision
of these services is free when a new domain
is registered through iRegistrations during
this promotion. iRegistrations normally
charges a standard rate of US$19.99 per
month for hosting plus $19.99 for search
engine submission.
2.6.5 Registrant can cancel these
services for any reason during the initial
30 day period without incurring any charge
other than the US$5.95 already billed for
domain registration.
2.6.6 Hosting is provided as a separate
service to search engine submission. Cancellation
of search engine submission can be done
by logging into the account and selecting
the ‘Cancel Service’ button in
the ‘Search Engine Submission’
area. Cancellation of hosting services is
a separate process to the cancellation of
search engine submission. Cancellation of
Web Hosting can be done by logging into
the account and selecting the ‘Cancel
Service’ button in the ‘Web Hosting’
area. Cancellation of search engine submission
does not cancel hosting and cancellation
of hosting does not cancel search engine
submission – these are two separate
actions.
2.6.7 Registrant can cancel these
services at any time by logging into the
account with the associated username and
password. Cancellation within the free 1
month period incurs no service charges beyond
the $5.95/year for the domain registration.
Cancellation after the initial 1 month period
incurs an administration fee equal to one
months service fee of $39.98 in addition
to the service fees for any months or part
months beyond the free trial period. While
payment is made monthly in advance no refunds
will be awarded for partial periods paid
for but for which the service is cancelled.
2.6.8 Non-cancellation within this
allocated period constitutes acceptance
by the registrant for the continuation of
and subsequent billing at the standard rate
for these services.
2.6.9 Billing after the initial 30
day period is by direct debit from the registrants
nominated credit card at the rate of $19.99
per month for hosting plus $19.99 per month
for search engine submission and is payable
monthly in advance.
2.6.10 Registrant authorizes any
billing may be done by Internet Registrations
Worldwide. An abbreviation may appear on
the credit card statement such as ‘Internet
Registrations’ or ‘Internet Regist’
etc.
2.6.11 Should iRegistrations receive
an RFI (Request For Information) from the
credit card processor regarding any charge
to the registrants nominated credit card
(including but not limited to fees for domain
registration, hosting, or search engine
submission) then iRegistrations shall immediately
gain full ownership, control and possession
of the domain name involved. The domain
may be returned when the matter is resolved
to the satisfaction of both parties. The
registrant will also be liable to pay iRegistrations
an RFI administrative fee of $30.00.
2.6.12 Should iRegistrations receive
an RFI (Request For Information) from the
credit card processor regarding any charge
to the registrants nominated credit card
(including but not limited to fees for domain
registration, hosting, or search engine
submission) then the registrant will be
required to sign and return all necessary
transaction acceptance documentation requested
by iRegistrations by fax to iRegistrations
within 48 hours of iRegistrations sending
this documentation by email, sending being
defined as when it leaves iRegistrations
servers not when the customer reads the
email.
2.6.13 Should any fees charged by
iRegistrations to the registrants nominated
credit card for the account be charged back
(including but not limited to fees for domain
registration, hosting, or search engine
submission) then iRegistrations shall gain
full ownership, control and possession of
the domain name involved. The registrant
will also be liable to pay iRegistrations
a chargeback administrative fee of $30.00
3. Price & Payment
3.1 The Client shall pay for the
requested services with cleared funds. iRegistrations
may withhold completion of the requested
services until the Client's funds are cleared
and may cancel registration of domain names
or e-mail addresses if funds are not cleared.
3.2 If funds do not clear, the Client
shall be liable for a US$20.00 administrative
fee plus reimbursement of any bank fees
incurred by iRegistrations. This administrative
fee is also applicable in the event of any
cancellation of order.
3.3 This form shall act as a valid
tax invoice once completed and submitted.
3.4 The registrant shall bear all
costs involved in debt collection if any
amounts are unpaid, chargedback on a credit
card or for which the nominated credit card
was declined. iRegistrations may send the
account including all amounts outstanding
plus all extra applicable fees plus the
associated debt collection fees to a debt
collection agency immediately in the event
of a chargeback on a credit card.
3.5 iRegistrations reserves the right
to add the customer and/or the customers
credit card/s to any negative database (shared
or unshared) or report the customer and/or
transaction to any credit authority in the
event that iRegistrations receives any dispute,
RFI (Request For Information) and/or chargeback.
4. Limited Warranty
4.1 To the full extent possible,
all terms and conditions that might be implied
by common law or statute are hereby excluded.
4.2 If any terms or conditions cannot
be excluded, if permitted by law, the liability
of iRegistrations shall be limited to supplying
of the services again or the cost of supplying
the services again, at the option of the
iRegistrations, and iRegistrations shall
not be liable for any consequential loss
and damage that may be suffered by the Client.
4.3 The Client shall indemnify and
hold iRegistrations fully indemnified and
harmless from and against any loss or damage
(including without limiting the generality
of the foregoing, any legal costs or penalties)
incurred by iRegistrations arising from
any breach of this Agreement.
5. Dispute Resolution
5.1 Each party will notify the other
forthwith if it believes that other party
has breached this agreement or has any grievance
in respect of this agreement.
5.2 Each party will negotiate in
good faith in an attempt to resolve the
dispute without getting the lawyers involved.
6. Miscellaneous Provisions
6.1 Information provided in this
form may be forwarded to the Registrar as
required to facilitate the provision of
the requested services, and that information
may be recorded in publicly accessible registries,
but iRegistrations will otherwise keep the
Client's information confidential.
6.2 If any part of this Agreement
is or becomes void and unenforceable then
that part is or will be severed from this
Agreement and the remainder shall not be
affected.
6.3 This Agreement shall be governed
by the laws of the state of New York, the
United States of America and the parties
submit to the exclusive jurisdiction of
the Courts of the state of New York.
6.4 If the Client comprises of more
than one person, each person shall be jointly
and severally liable to perform the Client's
obligations under this Agreement. |
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