Actrix ResponsibilitiesWe agree that we will:
Comply with all .nz policies;
Comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
Process any new domain name registrations with the registry within 48 hours from the time we receive all the information required to complete a registration if it is within our advertised business hours of 9am - 5pm Monday-Friday, and otherwise within 96 hours;
Notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
Arrange for correction of any error in the information in the register about any domain name registered to you when requested;
Provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
Comply with any order of any authority having jurisdiction regarding any domain name registered to you;
Use our best endeavours to deal with any complaints you may have about the services we provide for you.
Your ResponsibilitiesYou agree that you will:
Comply with the .nz policies. These policies are located at http://www.dnc.org.nz;
Make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and ensure that you have the authority to apply to us to register a domain name;
Keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
Satisfy yourself that your use of a domain name will not infringe any third partys legal or intellectual property rights;
Ensure that the use of any domain name registered to you does not interfere with other users of the Internet, and that you do not engage in any activity that could or does bring the .nz domain name space into disrepute;
Ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
Protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by 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;
Make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
Registration of a Domain NameWhen a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:
That the following information becomes available to any member of the public:
* your name;
* your contact details;
* The domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name;
The domain name is registered in your name only because no other person has it according to the records of the register;
Neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration;
Register is the RecordFor all purposes the details shown in the .nz register shall be treated as correct and the authoritative record. This information can be seen by going to www.dnc.co.nz and conducting a search on the domain name in question.
Payment of Fees and Billing InformationIf 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.
Our usual fees are for domain name registration, maintenance and nameserver services. We may also charge for additional services related to the domain name provided by us. These services and charges are listed in the domain names product section of the Actrix website located here. We will tell you before any additional charge is incurred.
All domains registered through Actrix are registered for one year and are charged at the time of registration. If payment is not received within 30 days Actrix reserves the right to cancel the domain.
All domains are renewed by default for a year at the end of the registration period unless Actrix has been informed otherwise by you. Actrix will take all reasonable efforts to ensure requests for cancellation and non-renewal of domain are verified and documented appropriately.
Cancellation of a Domain NameIf 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. This notice will constitute an e-mail to the listed e-mail address of the name account holder and a letter to the physical address of the Actrix account that the domain name is listed under.
Exclusion of LiabilityWe 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 previously mentioned in this clause;
* 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.
Limitation of our LiabilityWe have excluded all other liability we or any of the persons mentioned in the Exclusion of Liability clause directly above may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in the Exclusion of Liability clause directly above then this clause applies.
Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay to you and anyone else who uses the services we provide for you (together) is the amount of the last months fee paid by you to us in relation to your domain name.
Law and Jurisdiction Applying to this AgreementThese terms apply no matter where you are located at the time any of the services are provided or where you reside.
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 30days from the date the relevant service was supplied to you;
* You may take action against us only in a New Zealand court;
* Where you supply 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 you.