This web page sets out the terms and conditions of an agreement between You and Whois Pty Ltd ACN 116 326 09 ("Whois.com.au") under which You may purchase Products and Services online from www.whois.com.au ("this Agreement").
Please read the following terms and conditions carefully before placing Your order with Whois.com.au. By completing the customer application process and/or using the tools found on the Whois.com.au website, You agree to be bound by the terms and conditions of this Agreement.
In these terms and conditions:
"Agreement" means an agreement between You and Whois.com.au to supply;
"Conditions" means these terms and conditions and any agreed written variations.
"Intellectual Property Rights" includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
"Order" means an order by You to purchase Products and Services from Whois.com.au.
"Products and Services " means the products and services listed above and offered on the Whois.com.au website.
"Setup Fee" means the fee payable to Whois.com.au (where applicable) in respect of initial setup of the Products and Services and handling costs associated with processing Your Order as advised by Whois.com.au from time to time.
"Spam" means unsolicited commercial electronic messages as defined by the Australian Spam Act 2003 or similar legislation in other countries.
"You" and "Your" refers to the person or entity entering this Agreement with Whois.com.au.
What is the Agreement?
The entire agreement between You and Whois.com.au for the purchase of Products and Services by You consists of:
Each Order is a separate agreement.
When the Agreement is formed
An agreement exists between You and Whois.com.au once:
You acknowledge that:
Domain Names: Orders can only be cancelled in accordance with an individual Registry's policies. There are no cancellations available in the gTLD's of .com, .net, .org, .biz, .info.
Webhosting: Customers holding Monthly Contracts can cancel webhosting contracts at any time by visiting PayPal and cancelling the subscription. Yearly contracts can be cancelled at any time by sending an email to firstname.lastname@example.org with CANCEL WEBHOSTING in the subject line, and the full details of the account You would like cancelled. Refunds will be given at the discretion of Whois Pty Ltd. and, in appropriate cases, are limited to a pro rata refund in the case of a prepaid annual hosting plan.
If at any time You are not satisfied with the quality of the Products and Services You have purchased You must call Whois.com.au on +61 13000 WHOIS(94647) and a representative will assess Your request for a credit or partial pro rata refund of the purchase price.
You acknowledge that refunds of domain name registrations are governed by our Refunds Policy
Price of Products and Services
The amount payable for the Products and Services will be the price shown at the time the Product or Service is ordered or supplied together with applicable Australian Goods and Services Tax ("GST").
You are also responsible for the nominated setup costs associated with dedicated servers, CDN services, adwords, and pay per click services and website construction.
Methods of payment
All fees and amounts owing are payable either by PayPal Account or by eWAY Account.
The initial payment will be processed prior to delivery of a Product or Service. If a payment is declined for any reason or is otherwise not received, we reserve the right to suspend or terminate this Agreement.
You acknowledge that the Intellectual Property Rights in any trademarks, logos, graphic designs or text or software code that appear on the Whois.com.au site are owned by or licensed to Whois.com.au or its related corporations.
You agree that You will not use or copy Whois.com.au Intellectual Property Rights in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
Use of the Products and Services must:
8.1 Comply with all applicable laws and regulations.
8.2 Comply with this Agreement.
8.3 Comply with Whois.com.au's mail service limits, as specified for each hosting service.
8.4 not involve the transmission of threatening, obscene or offensive materials, or engage in any form of harassment when using the Products and Services.
8.5 not involve sending messages to any individual who has indicated that he/she does not wish to receive messages from You.
8.6 not involve the transmission of Spam.
8.7 not involve distributing tools designed for compromising security (such as password guessing programs, cracking tools, packet sniffers or network probing tools).
You agree that in using the Products and Services, You are not relying on any statement or representation made by Whois.com.au which is not expressly contained in this Agreement.
You agree that any liability of Whois.com.au arising out of or in connection with any breach of any express or implied warranty or condition in respect of the Products and Services (other than a condition or warranty implied by legislation which does not permit Whois.com.au's liability to be limited as stated in this clause) will be limited to the replacement of the relevant product or service or the supply of an equivalent product or service.
You agree that the entire risk arising out of installation, downloading, use or performance of any software remains with You.
You can elect to use social logins (Google, Yahoo, Facebook, Twitter, or OpenID) to access your domain management account by signing into Whois.com.au with an existing social network account (Google, Yahoo, Facebook, Twitter, or OpenID), but you do so entirely at your own risk.
To the extent permitted by law, You release and discharge Whois.com.au and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Whois.com.au or this Agreement, including, without limitation, loss or damage caused by the negligence of Whois.com.au or its related corporations.
Whois.com.au may amend this Agreement by giving You notice as provided in clause 13.2 or 13.3. Your use of the Products or Services after notice will constitute Your deemed acceptance of such changes.
Whois.com.au may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 13.3). In the event that a customer's Paypal of eWAY account is suspended or terminated Whois.com.au reserves the right to terminate or suspend this Agreement.
Termination or suspension of this Agreement shall be effective the day notice is received or such later date as specified in the notice.
Notwithstanding any other provision of this Agreement, neither party will be liable to the other for any breach, default or delay in the performance of this Agreement that is due to force majeure or any other cause ("intervening cause") reasonably beyond the ability of the party to control, prevent or avoid including such causes as acts of God (such as earthquake, fire, flood or pestilence), acts of a public enemy, terrorism, compliance with any law, regulation or other subordinate legislation, quarantine or impounding of goods, binding orders or directions of any government or government authority, strikes or boycotts, embargos or other industrial or political action, provided that the party affected by the intervening cause uses its best endeavours to prevent, avoid, remove or lessen the effects of the intervening cause and the party affected by the intervening cause gives notice to the other party of the intervening cause as soon as possible.
13.1 You may give notice to Whois.com.au by electronic mail to Support at help.whois.com.au.
13.2 Whois.com.au may give notice to You of an amendment to this Agreement by posting a notice on the Whois.com.au website
13.3 Whois.com.au may give notice to You of a change to Your account or the termination or suspension of this Agreement by electronic mail sent to Your last known email address or to the email address You provided when this Agreement was entered into.
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
The laws of South Australia govern this Agreement.