You further agree that:
- the domain name is registered in your name only because no other person has it according to the records of the register; and
- neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the Query Service database shall not be taken as evidence of anything other than such registration; and
- 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.
4. Register and Registry
- The register is the authoritative database of .nz domain names and the details shown in the register is treated as the correct record. The register is operated by the registry branch of InternetNZ (“registry”).
- In order to have a domain name, it is necessary that the registry store your personal information on the register.
- When a domain name is no longer registered in your name, the registry will continue to store your personal information (“historical personal information”). Historical personal information may only be disclosed where authorised or required by New Zealand law.
- To the extent GDPR applies, EU registrants have the right to object to the registry storing historical personal information and/or disclosing it as authorised or required by New Zealand law.
- Despite clause 4.4, pursuant to Article 21 of GDPR, the registry maintains that it has compelling legitimate grounds for storing an historical auditable record of all domain names and disclosing historical personal information as authorised or required by New Zealand law. This is because without carrying out these functions, the integrity and operation of the register would be significantly undermined.
- DNC is the entity which regulates the .nz domain name market space.
- DNC provides a domain name registration data query service (“Query Service”) (see section 21 of .nz Operations and Procedures policy for further details). Through the Query Service, the public is able to access the register with respect to a particular domain name from DNCL’s website. Subject to the Individual Registrant Privacy Option (“IRPO”) referred to in clause 5.7 below, in response to a Query, registrants’ personal information will be available (along with the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name).
- When a name is cancelled it holds a pending release status. During the pending release period of 90 days from date of cancellation, a registrar may fully re-instate the domain name for the registrant, so that it becomes active again. This means that your personal information remains viewable on the Query Service for that 90 day period. Following the 90 day period when your name is released, your personal information will no longer be disclosed on the Query Service.
- To the extent GDPR applies, EU registrants have the right to object to their personal information being made available through the Query Service. However, pursuant to Article 21 of GDPR, DNC maintains that it has compelling legitimate grounds for disclosing the personal information on the Query Service. This is because without the Query Service, the integrity of the .nz domain name space would be significantly undermined.
- For the avoidance of doubt, by entering into this agreement, you hereby give consent to your personal information being made available on the Query Service.
- To the extent GDPR applies, EU registrants have the right to withdraw their consent under clause 5.5. However, any withdrawal of consent is without prejudice to DNC’s position that it has a legitimate interest in disclosing the personal information on the Query Service.
- The IRPO is an optional feature available for individuals who are not using the domain name it is applied to in significant trade. If you are eligible and choose to use IRPO, your telephone number and contact address information will not be disclosed on the Query Service (“Withheld Data”). If you use your domain name for significant trade purposes you will not be eligible for the IRPO (see section 8 of .nz Operations and Procedures policy for further details).
- Despite clause 5.7, Withheld Data may be released in the following circumstances:
- Where applications are made by any person, entity or organisation who have established a legitimate need for the Withheld Data (see sections 22.2-22.22 of .nz Operations and Procedures policy);
- Where disclosure is ordered by a court of competent jurisdiction or is required by any other order with the force of law (see sections 22.23-22.24 of .nz Operations and Procedures policy);
- Where an entity has a Memorandum of Understanding with DNC, such that the entity has automatic access, or alternatively streamlined access, to the Withheld Data (see sections 22.25 to 22.40 of .nz Operations and Procedures policy).
- To the extent that GDPR applies, EU registrants, who are eligible for the IRPO, have the right to object to Withheld Data being disclosed in the circumstances described in clause 5.8. However, pursuant to Article 21 of GDPR, DNC maintains that, based on the Privacy Act 1993 (or any substitute enactment) (and in particular Principle 11) it has compelling legitimate grounds to disclose Withheld Data on these circumstances.
6. Payment of Fees
- You agree to pay for the registration services we provide for you in advance.
- If payment is owing on your account for any other service we provide, the registration services we provide will be deemed to be unpaid.
- The requested actions, registration or renewal of a domain name, will only be actioned once payment for our services has been received in full.
- 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.
- 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.
- Our usual fees are for the registration and renewal of domain names. We may also charge for hosting services that use your domain e.g. a website or email. We will tell you before any additional charge is incurred.
- Our prices are stated in New Zealand dollars and include GST.
7. Suspension and Refusal To Supply Services
If you do not pay our charges for a domain name registered to you we may:
- cancel registration of that domain name; or
- refuse to provide a service you request.
8. Cancellation of a Domain Name
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.
9. Exclusion of Liability
We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of:
- InternetNZ, the registry and any other entity we are in any business relationship with;
- every officer, employee, contractor, agent of us or any entity in clause 9.1;
- anyone else we get to perform our duties under any agreement you have with us.
None of the persons specified above is liable or has to pay you for
anything else in connection with or resulting from anything any of us does
or does not do, or delays in doing, whether or not it is contemplated or
authorised by any agreement you have with us.
This exclusion applies whatever you are claiming for and in whatever way
liability might arise.
This exclusion does not prevent you getting a court order requiring us to
do anything we have agreed to do for you and does not limit any rights you
may have under the Consumer Guarantees Act 1993
10. Limitation of our Liability
We have excluded all other liability we or any of the person specified in
clause 9 may have to you. If any of those other persons is ever liable to
you and, for any reason, cannot rely on the exclusion of liability set out
in clause 9 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. Law and Jurisdiction Applying to this Agreement
Unless we otherwise agree in writing, this agreement contains all the
terms of our relationship and continues to apply no matter where you are
located at the time any of the services are provided or where you
reside. This will be the case until this agreement is cancelled except to
the extent clause 15 says otherwise.
To the extent legally permitted:
- all our services are provided under New Zealand law;
- any claim or dispute arising out of or in connection with this agreement
must be instituted within 60 days of the date the relevant service was
supplied to you;
- except as otherwise stated, you may take action against us only in a New
- where you or any registration for whom you act supplies incorrect
information regarding a domain name and we incur cost in any matter
concerning that name then we may recover the costs incurred by us from
12. Cancelling the Agreement
- We may cancel or suspend this agreement by giving you one months notice
if you do not meet your duties to us.
- We may end the agreement for any other reason by giving you one month's
13. More Than One Person
You are responsible for everybody who you permit to act for you as a
registrant. We will take reasonable care to satisfy ourself that you have
permitted those persons to act for you.
14. Each Clause Separately Binding
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.
15. Rights and Responsibilities that Continue
The cancelling of any agreement you have with us does not affect any
rights and responsibilities which are intended to continue or come into
force afterwards. These include the rights and duties under 2, 4 - 10, 12 -
13, and this clause 14.
Version 2.0, 24 May 2018