This Domain Name Registration Agreement (Agreement) sets out the terms and conditions that govern your use of Xman Online’s domain name registration services.
This Agreement is legally binding between the Registrant (you, your or the Registrant), and Jamia trading as Swish Online (A.B.N. 52 606 870 651) (we, us, our or Swish Online) upon acceptance by Swish Online, 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 Swish Online. You agree to accept and be bound by these terms and conditions:
- by submitting your application for registration of a Domain Name via the Swish Online website located at swishonline.com.au (the Website);
- by clicking the SEND button, 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.
Swish Online may change the terms and conditions of this Agreement either by obtaining your consent or giving you notice. The period of notice given by Swish Online depends on the nature of the change. If:
- the change will benefit you, we may make the change immediately and are not required to notify you prior to the change;
- the change is required by law, a regulatory body (including ICANN, auDA or any other domain name regulatory body), a registry or for a technical reason (including for security), we will give you reasonable period of notice not exceeding three days; and
- we consider that the change has a significant and detrimental impact on our customers generally, we will give you at least 30 days notice prior to the change.
For all other changes, we will also give you at least 30 days notice prior to the change.
Agreement means the Swish Online Domain Name Registration Agreement;
Application means the Domain Name Registration Form located on the Website for the purpose of submitting an application for registration of a Domain Name with Swish Online;
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 attempt 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; and
Services means the services Swish Online provides to Registrants for the purpose of registering and/or renewing a Domain Name.
Swish Online 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, Swish Online 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.
You agree and acknowledge that:
- you have read and understand the terms and conditions within this Agreement, and agree to be bound by them;
- you have authority to enter into this Agreement and all information you provide Swish Online is accurate and complete;
- you will submit payments for the Services, in accordance with this Agreement;
- you will only use the Services for lawful purposes;
- you will keep your Registrant Data, including passwords, personal information and any other confidential information safe and secure to prevent misuse of Registrant Data; and
- you will not hold Swish Online liable or responsible in any way for any errors, omissions or any other actions by the Registry arising out of, or related to your application and receipt of, or failure to receive, a Domain Name registration.
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:
- Swish Online cannot and will not check to see whether the Domain Name you select to register infringes the legal rights of third parties; and
- it is your sole responsibility to investigate whether the Domain Name infringes third party legal rights, including intellectual property rights;
- it is your sole responsibility to ensure that you meet all eligibility entitlements that may relate to the Domain Name from time to time; and
- in the event that Swish Online is ordered by a court or other governing body to cancel, modify or transfer the Domain Name, Swish Online will perform its obligations in accordance with the law and without prior notice to you.
Submitting an Application for Registration of Domain Name
Swish Online 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:
- registration of a Domain Name by Swish Online is carried out on a first come, first served basis;
- registration of a Domain Name confers no property or ownership rights to that Domain Name, it merely provides an exclusive licence to use that Domain Name for a registration period;
- upon your registration of a Domain Name, your contact details, the Domain Name, its commencement and expiry date, the address and details of the name servers for the Domain Name and Swish Online’s name will become available for viewing by any member of the public;
- the Domain Name will be registered in your nominated entity only because no other entity has acquired the licence for the Domain Name according to the records of the Register;
- the entry of a Domain Name in the WHOIS database will not be taken as evidence of anything other than the registration of the Domain Name;
- Swish Online will not become involved (whether directly or indirectly) in any dispute relating to the Domain Name and where a conflict arises between any third parties and prospective or current Registrants in relation to the Domain Name registration, those parties must resolve the issue independently of Swish Online;
- the details held in the Register shall be treated as correct and as the authoritative record;
- Swish Online does not accept any responsibility for the content of a Registrant’s website and Swish Online shall not be obliged to enforce the removal of content from a website unless it has been instructed by an order of a court or other governing body to do so; and
- confirmation of your Application does not guarantee that the Domain Name has been successfully registered. We will not accept any responsibility, nor provide any guarantee that the Domain Name has been successfully registered until such time that we receive registration confirmation from the Registry. When a Domain Name has been successfully registered, a confirmation email will be sent to you confirming the successful registration.
Swish Online’s Obligations
In providing our Services to you, Swish Online will:
- comply with all relevant and applicable laws relating to gTLDs and ccTLDs, and represent these laws to you or the Authorised User;
- disclose accurately and completely the terms and conditions of this Agreement and of the Domain Name sought to be used by you or the Authorised User;
- comply with your or the Authorised User’s lawful directions in a diligent and timely manner regarding the Domain Name;
- process any request for Domain Name registration within a reasonable time after receiving your complete Application;
- arrange for any correction, modification or update as required for the registered Domain Name, when requested by you or the Authorised User;
- use the Registrant Data only as authorised by you and otherwise, in accordance with this Agreement;
- take all reasonable steps to safeguard and protect your Registrant Data stored with Swish Online’s databases and systems; and
- use our best endeavours to provide our Services to you, within reasonable means.
Term of Agreement
This Agreement commences at the completion of the following events:
- You have submitted a valid Application for registration of a Domain Name via the Website;
- Swish Online has accepted and approved the Application;
- The Registry has accepted and approved the Application; and
- Swish Online has received the initial payment for its Services in cleared funds.
Acceptance will be deemed to have occurred when Swish Online 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 expiry of the licence to use the Domain Name;
- by Swish Online, if the Registrant has committed any material breach of this Agreement and in the case of a breach capable of being remedied, has failed to remedy the breach within 30 days after the receipt of a written request from xmanoline;
- by Swish Online, if the Registrant fails to make any payment due under this Agreement and such payment remains unpaid for 30 days after receipt of a written notice from Swish Online that such payment is due;
- by Swish Online immediately upon any Insolvency Event;
- by Swish Online for the purpose of fulfilling its obligations as specified by an order issued by a court or other governing body, or in compliance with statutory law;
- by the Registrant giving 30 days written notice to Swish Online;
- by the Registrant, where the Registrant transfers the Domain Name from Swish Online to another party, in accordance with relevant laws, and termination will be effective from the date of transfer.
- Upon termination of this Agreement, Swish Online will have no liability to you whatsoever in relation to such cancellation and/or deletion.
Fees and Payment
Unless the Registrant and Swish Online otherwise agree in writing, the fees for the Services are as set out on the Website, in Australian Dollars and exclusive 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 Swish Online and the Registry.
We will issue you with an invoice when we send you an acceptance and confirmation email for your Application. Payments must be made directly to Swish Online via any payment method stated by Swish Online from time to time. 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 xmanonline until all funds are received by us in full.
You agree that:
- Swish Online reserves the right to alter its fees for the Services from time to time and without notice to you. Any alterations to fees will take effect after renewal of the Services;
- all fees are non-refundable; and
- cancellation fees may apply for early termination of this Agreement.
- By entering into this Agreement, you agree and acknowledge that renewal of the Domain Name will automatically take place. However, Swish Online will contact you via email at least 30 days prior to the date that the Domain Name is due to be auto-renewed to notify you of the following:
- the date that the Domain Name is due to be automatically renewed and information about how to opt-out of the service prior to that date;
- an extract of the current WHOIS information for the Domain Name, or a link to the WHOIS information for the Domain Name, with a request that you check the WHOIS information for accuracy;
- information about how you can update the WHOIS information for the Domain Name, if required; and
- a statement that by allowing the Domain Name to be automatically renewed, you warrant that the WHOIS information is correct and that you continue to satisfy the Domain Name Eligibility and Allocation Policy Rules for Open Second Level Domains.
- You must, within seven (7) days of receiving notification of the pending renewal of the Domain Name from Swish Online, provide Swish Online with written notice if you do not wish to renew the Domain Name;
- Renewal fees for the Domain Name are payable in full and in advance of the expiry date of each Domain Name registration period;
- Your failure to pay a renewal fee for a Domain Name will result in the expiry of that Domain Name, in accordance with this Agreement, and Swish Online will not be liable to you or any third party for any resulting interruption or loss of the Services; and
- renewal fees will be non-refundable; and
- If required, Swish Online will renew the Services and the Domain Name registration for a renewal period equal in time to the original service period. For example, if your original service period is for one (1) year, your renewal period will be for one (1) 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 Swish Online arising from cancellation or early termination will be charged to the Registrant, and are non-refundable.
Dispute Resolution Policy
Any dispute between you and Swish Online 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
Swish Online 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, Swish Online will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:
- suspension or loss of your Domain Name registration in your name;
- your use of your Domain Name registration;
- any interruptions or delays in accessing the Website or the websites for your registered Domain Names;
- circumstances beyond Swish Online’s reasonable control; or
- the application of the dispute resolution terms and conditions in this Agreement
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:
- the resupply of the Services; or
- the payment of the cost of having the Services resupplied.
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 Swish Online 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 Swish Online.
The Registrant shall not assign, transfer or sub-license any of its rights or obligations under this Agreement, except with the prior written consent of Swish Online.
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 Western Australia govern this Agreement.
Please email us at [email protected] if you have any questions relating to the Agreement.
Domain Name Registration Agreement last updated on 31st September 2015.