REGISTRYWEB
SERVICE AGREEMENT

This RegistryWeb Service Agreement ("Agreement") is by and between RegistryWeb.com ("RegistryWeb") and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution for the full term of the RegistryWeb domain and web services ("Services") you order. This Agreement sets forth the terms and conditions of Your use of the Services and represents the entire agreement between You and RegistryWeb. By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, including any new, different or additional terms, conditions or policies which RegistryWeb may establish from time to time. You may view the latest version of this Agreement online at any time.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with RegistryWeb, whether or not the transactions were on Your behalf.

Payment

1. All domain registration, renewal and transfer fees are non-refundable.

2. All fees payable by You to us for the Services shall be in accordance with the relevant scale of charges and rates published by us on our web site and shall be due and payable by credit card or other approved method before provision of the Services.

3. RegistryWeb uses a third-party billing service located in Australia so all services will be billed in Australian dollars. Prices stated in other currencies are intended only as a guide. We update our prices on a regular basis, however due to currency fluctuations, equivalent prices in other currencies may vary without notice.

4. The provision by us of the Services is contingent upon our having received payment from You for all fees required in respect of the relevant Services at that time. 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 and/or revoke any domain registration(s).

Domain Name Registration Terms

1. The spelling of each domain name as registered will be exactly as You enter it in our Order Form. We are not responsible for typing or other errors on the Order Form.

2. We do not warrant or guarantee that the domain name applied for is available or is capable of being registered. Accordingly, You should take no action in respect of any requested domain name(s) until You have confirmed that the requested domain name has been registered.

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 organization 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.

4. You are responsible to comply with all necessary requirements and procedures for the registration and ongoing maintenance of a domain name registered by You, details of which are published by us on our web sites.

5. You grant us full authority to manage each domain name registered at RegistryWeb and acknowledge that Top Level, AU, NZ, UK and US domain names can only be managed and renewed at RegistryWeb unless transferred to another domain registry. Other country domain names cannot be transferred and must be managed and renewed at RegistryWeb.

6. Domain names become due for renewal 3 months before they expire. You are responsible to renew each domain registration at RegistryWeb before the expiration date to prevent deactivation or cancellation. Failure to do so may result in suspension or loss of the domain name.

7. We are unable to provide telephone support because we are a discount service. Our primary contact with You is by email, therefore You must keep Your email address up to date in our system at all times.

8. The sending of rude, abusive or threatening messages to our Customer Service staff may result in immediate cancellation of all support and/or other services. RegistryWeb will determine what constitutes this type of abuse.

Service Provider & Availability

The Service Provider for this Agreement and all Services thereunder is RegistryWeb.com.

We shall use reasonable endeavours to provide continuing availability of our Servers and Services but we shall not, in any event, be liable for Service interruptions or down time of any Servers.

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 our Servers, 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 without notice if You fail to pay any sums due to us as they fall due.

2. We may terminate this agreement without notice if You damage or abuse our systems, servers, connectivity, reputation, business, service, network, operations, equipment or staff. This includes the sending of rude, abusive or threatening messages to our Customer Service staff. Determining what constitutes this type of abuse is the sole discretion of RegistryWeb.

3. 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 seven (7) 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.

4. You may terminate this agreement without notice after 6 months or more has elapsed since domain registration, renewal or security changes subject to Contract Termination and fee procedures applicable at that time as published by us on our web site. Ownership of any domain name(s) will remain with RegistryWeb until all outstanding fees are paid.

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 six months 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.

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 fee specified by us. No other method of transfer by You is permitted.

Entire Agreement

These terms and conditions constitute the entire agreement between RegistryWeb 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 You or Your authorised representatives and RegistryWeb.