DomainName.edu.au - Terms and Conditions

1. Acknowledgment and Acceptance of edu.au Domain Name Registration Agreement

This edu.au domain name registration agreement ("Agreement") between you and education.au limited (“education.au”) explains the terms and conditions of your use of our edu.au domain name registration service and the use of your edu.au domain name once registered (collectively, the "Service").
By completing the registration process and by clicking on the "Add Domain" button you are agreeing to become a party to this Agreement with education.au and acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, all terms and conditions of the privacy statement, application form and disclaimer, as well as any additional rules or policies that are or may be published by education.au from time to time (“ Agreement Documents” ).
To the extent of any inconsistency between the Agreement Documents, this Agreement takes precedence.

2. Your obligations

In addition to the obligations contained in the Agreement Documents, you:
1. must not use your edu.au site in a manner that violates any state, national or international law or regulation.
2. will immediately notify education.au of any security breach or unauthorised use of your edu.au site.
3. must not resell, rent, lease or grant a security interest in your edu.au site.

3. Fees and Registration

The fees payable for registering an edu.au domain name, and the methods by which such fees may be paid, will be notified to you prior to or at the time you register for an edu.au domain name. Please note that these fees are set by education.au based on recommendations made by the .edu.au Domain Advisory Committee (eDAC). education.au may change the fees charged for registering an edu.au domain name from time to time, including as a result of recommendations made by eDAC.
The fees payable for registering an edu.au domain name are, unless otherwise stated, exclusive of GST. Any GST that applies to such fees is payable by you at the same time and in the same manner as the fees themselves.
education.au may cancel your registration if payment of such fees (or any applicable GST) is not received or cannot be processed for any reason.
You are required to complete a registration form in which you provide evidence of your credentials for participation in the edu.au domain space.
Complete, current and correct details must be provided with each and every registration. Agents (for example, Internet Service Providers) who apply for an edu.au domain name(s) on behalf of a registrant must not place themselves as the administrative contact.
education.au provides a bulk registration service for registrants registering more than 100 edu.au domain names, or for organisations representing a state or territory. For further information on this service, please contact education.au. Additional terms may apply to the use of the bulk registration service. Registrants of the bulk registration services will be notified of any such additional terms, and any such additional terms will be deemed incorporated into and will form a part of this Agreement.

4. Licence Period and Renewal

Each domain name registration is for a 2 year initial term and renewable thereafter for successive terms, as specified during the renewal process.
Registrants who already have an edu.au domain name at the time that this Agreement takes effect will be required to renew their licences two years from the date this Agreement takes effect.
Any registration renewal is subject to the then current terms and conditions, payment of applicable registration fees at the time of renewal, and the domain name registry's acceptance of your edu.au domain name registration. education.au will provide you with notice at least fifteen (15) days in advance of the renewal date.
You are solely responsible for ensuring your registration is renewed. education.au will have no liability to you or any third party in connection with such renewal, including any failure or errors in renewing the registration, and any consequences of such failure or errors.

5. Transfer of Licence

The right to use an edu.au domain name cannot be transferred or sold to another party.

6. Accurate Information

You agree to:
1. provide certain, true, current, complete and accurate information about you as required by the registration process;
2. maintain and update this information as needed to keep it current, complete and accurate; and
3. respond within fourteen (14) calendar days to inquiries from education.au concerning the accuracy of this information and/or your contact details.

7. Right Of Refusal

From time to time, education.au reserves the right to determine in its sole discretion whether you qualify to register your chosen edu.au domain name. education.au may delete your edu.au domain name at any time if it determines that you do not qualify under the standards then applicable. In the event education.au does not register your edu.au domain name, or deletes your edu.au domain name, education.au will not be liable to you for any loss or damage that may result.

8. Dispute Policy

You agree that in the event an edu.au domain name dispute arises with any third party, you will indemnify and hold education.au harmless pursuant to the terms and conditions set forth below.
If education.au is notified that a complaint has been filed with a judicial or administrative body regarding your use of the Service, you agree not to make any changes to your edu.au domain name record without the prior approval of education.au. education.au may not allow you to make changes to your edu.au domain name record until:
1. education.au is directed to do so by the judicial or administrative body; or
2. education.au receives notification by you and the other party contesting the registration and use of the Service that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding registration and use of the Service, education.au may transfer control of your edu.au domain name record to the registry of the judicial body by supplying a party with a registrar certificate from education.au. You agree that education.au will comply with all court orders, domestic or international, directed against you and/or the edu.au domain name registration.

9. Indemnification

You agree to indemnify and hold harmless education.au and its affiliates bodies, officers and employees ("Affiliated Parties"), from any claim or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of:
1. your use of the Service,
2. your violation of the Agreement Documents,
3. your infringement of any intellectual property or other right of any person or entity, or
4. any threatening, libelous, obscene, harassing or offensive material contained in any communication by you.
If education.au is threatened with suit or sued by a third party, education.au may seek written assurances from you concerning your promise to indemnify education.au.
Your failure to provide those assurances may be considered by education.au to be a material breach of this Agreement.

10. Limitation of Liability

To the maximum extent permitted by law, neither education.au nor its related bodies will be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character, whether under tort (including without limitation negligence), contract or otherwise, nor for damages resulting from:
1. the use of or the inability to use the Service;
2. the loss or liability resulting from access delays or access interruptions;
3. loss or liability resulting from data non-delivery or data mis-delivery;
4. loss or liability resulting from acts of God;
5. loss or liability resulting from the unauthorised use or misuse of your Password;
6. loss or liability resulting from errors, omissions, or misstatements in any and all information or Service provided under this Agreement;
7. loss or liability relating to the deletion of or failure to store e-mail messages;
8. loss or liability resulting from the development or interruption of your website;
9. loss or liability that you may incur in connection with the processing of your application for the Service or the processing of any authorised modification to your domain name record; or
10. loss or liability as a result of the application of clause 8.
To the maximum extent permitted by law, the maximum aggregate liability of education.au and its related bodies (whether under tort (including without limitation negligence), contract or otherwise) in any 2 year period is limited to the fees paid by you under this Agreement during that 2 year period.
Nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include Part V of the Trade Practices Act 1974 (Cth) and corresponding provisions of State or Territory legislation which contain provisions including implied terms and warranties which operate to protect the purchasers of goods and services in various circumstances. If any condition or warranty is implied into this Agreement under the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation and cannot be excluded, and education.au is able to limit your remedy for a breach of such a condition or warranty, then the liability of education.au for breach of the condition or warranty is limited to one or more of the following at education.au's option:
1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

12. Acknowledgment and Warranties

By applying for an edu.au domain name, or by requesting renewal of an edu.au domain name registration, you represent and warrant that:
1. the statements made in your registration or renewal application form are complete and accurate, including those relating to your eligibility for an edu.au domain name;
2. any future changes to this information will be provided to education.au in a timely manner according to the modification procedures in place at that time;
3. your registration of the domain name will not infringe upon or otherwise violate the rights of any third party (it is your responsibility to determine whether your edu.au domain name registration infringes or violates someone else's rights);
4. you are not registering the edu.au domain name for an unlawful purpose;
5. you have the requisite power and authority to execute and to perform the obligations in this Agreement; and
6. you agree that use of the Service is solely at your own risk.

13. Breach and Termination

education.au reserves the right to terminate this Agreement in the event that education.au's right to manage the edu.au domain name registration service terminates or otherwise expires. education.au will provide you with fourteen (14) days notice (or such shorter period as is possible in the circumstances).
If you breach or otherwise fail to comply with any of the terms of the Agreement Documents, education.au may provide you with written notice outlining the nature of the breach. If within ten (10) calendar days of the date of such notice you fail to provide evidence which is reasonably satisfactory to education.au that you have not breached the terms of this Agreement:
1. education.au retains the right, at its sole discretion, to suspend, cancel or otherwise terminate your edu.au domain name registration; and
2. you will not be entitled to any reimbursement or credit for any fees paid.
3. Any breach by you will not be deemed to be excused because education.au did not act earlier in response to that, or any other breach by you.
education.au may suspend, cancel or transfer your edu.au domain name registration in order to:

correct mistakes made by education.au or the registry in registering your chosen edu.au domain name; or
resolve a dispute under clause 8.

14. Changes to the Agreement Documents

education.au may from time to time modify the terms of any or all of the Agreement Documents. Where education.au does so, the modified Agreement Documents will be posted on this website.

15. Agents

You agree that, if an agent (such as an Internet Service Provider or an employee) ordered the Service on your behalf, you are nonetheless bound as a principal by all terms and conditions herein. Continued use of the Service will ratify any unauthorised actions of your agent.
By acting on your behalf, the agent hereby represents, warrants and undertakes to education.au that he or she is authorised to act on your behalf as your agent, that he or she is authorised to bind you to the terms and conditions of the Agreement Documents and that he or she has informed you of the terms and conditions of the Agreement Documents.
We may rely on any instructions received from your agent as if they were your instructions, and you are responsible for any errors made by your agent.

16. education.au Successors and Assigns

This Agreement will be binding upon and inure to the benefit of any education.au successor organisations or assigns.

17. Entire Agreement

This Agreement together with the Agreement Documents and all modifications thereto, constitute the complete and exclusive agreement between you and education.au concerning your use of the Service, and supersede and govern all prior proposals, agreements, or other communications.

18. Governing Law

This Agreement is governed by the laws of the State of New South Wales applicable to agreements executed and performed wholly within the State of New South Wales. The parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of New South Wales.

19. Interpretation

For the purposes of this Agreement, use of the word “including” is not to be interpreted as a word of limitation.