Expiring and Deleted Domain Name Auction Agreement
Expiring and Deleted Domain Name Auction Agreement
1.1 Domainshield.com.au Pty Ltd ACN 135 424 878 ("Domainshield") operates an auction platform ("Auction") for expiring and deleted .com.au and .net.au third level domain names that become available for public registration ("Expiring and Deleted Domain Names").
1.2 Domainshield is an auDA accredited domain name registrar as well as a reseller of Fabulous.com.au Pty Ltd ACN 139 626 994 and Yexa.com.au Pty Ltd ACN 137 606 172, both auDA accredited domain name ("Registrars").
1.3 This Expiring and Deleted Domain Name Auction Agreement ("Agreement") governs the terms and conditions upon which Domainshield allows you to participate in the Auction by placing bids on Expiring and Deleted Domain Names.
1.4 If you place the highest bid in respect of an Expiring or Deleted Domain Name at the Auction, Domainshield will use all reasonable commercial efforts to obtain registration of the Expiring or Deleted Domain Name for you. Domainshield cannot however guarantee that it will be successful.
1.5 Domainshield is not an auctioneer. It merely provides an online venue to assist Domainshield management account ("Account") holders to attempt to acquire Expiring and Deleted Domain Names.
1.6 You acknowledge that you have read, understood and agree to be bound by:
(a) the terms and conditions of the Customer Agreement;
(b) this Agreement;
(c) the Registration Agreements of Fabulous.com.au and Yexa.com.au
(e) auDA Published Policies.
1.7 We reserve the right to amend the terms and conditions of this Agreement at any time. Your continued participation in the Auction will constitute acceptance of any amended Agreement.
1.8 In this Agreement, "we", "us" and "our" means Domainshield and "you" means a participant in the Auction.
2.1 For purposes of this Agreement, the following terms shall have the meanings given below:
"auDA" means .au Domain Administration Limited ACN 079 009 340, the Australian Domain Name Administrator;
"GST" means the goods and services tax imposed by the A New Tax System (Goods and Services Tax) Act (Cth);
"Highest Bid" means the highest bid placed on an Expiring or Deleted Domain Name at Auction;
"Website" means the website located at www.domainshield.com.au.
3. BIDDING AT AUCTION
3.1 To be able to place a bid for a particular Expiring or Deleted Domain Name available at Auction you must register and be approved for the relevant Auction on the Website and pay the applicable registration fees. Once you have been registered and approved, you can place a bid for a particular domain name on the Auction page of the Website ("Bid").
3.2 If you place the Highest Bid on an Expiring or Deleted Domain Name, we will attempt to obtain registration of that domain name for you. If we are successful, you will be legally obliged to pay the amount of the Highest Bid to Domainshield in accordance with clause 4. If you fail to do so, we will commence legal proceedings to recover the amount. If we are unsuccessful in obtaining registration of the domain name, you are not required to make any payment to us.
3.3 Bids are inclusive of GST and the domain name registration fee.
4. PAYMENT OF HIGHEST BID
4.1 If you have the Highest Bid, we will issue you with an invoice ("Invoice") which will include the amount of your Highest Bid, the amount of GST payable and the domain name registration fee ("Invoice Amount").
4.2 The Invoice Amount is strictly payable within 24 hours of issue of the Invoice. Payment may be made by credit card (Visa, MasterCard) provided the Invoice Amount is equal to or less than two thousand dollars ($2,000) (unless Domainshield makes the decision in its sole and absolute discretion to increase or waive the limit), or by electronic funds transfer ("EFT") to the bank account of Trellian Pty Limited.
4.3 If you saved your credit card details within your Account, our system will charge the credit card on file the morning of the business day after the Auction. If you do not have a saved credit card on file, the Invoice Amount is over two thousand dollars ($2,000) (unless Domainshield makes the decision in its sole and absolute discretion to increase or waive the limit), or you prefer to pay via EFT, then the EFT payment must be made within 24 hours of the issue of the Invoice. You agree that it is your obligation to log-in and change the preferred payment option setting to "Bank Transfer" via the client management system. You must repeat this process for each Invoice.
The setting to modify the 'Payment Type', is available to change at the top of the issued Invoice located at My Account > My Invoices.
By saving your credit card on file within your Account you grant us the authority to charge the credit card for Invoices as they fall due.
5. USE OF THIRD PARTY REGISTRARS
5.1 As part of the Auction, we utilise the services of the Registars. You acknowledge and agree that you have read, understood and agree to be bound by the registration agreement of the relevant Registrar.
5.2 You acknowledge and agree that where a Registrar other than Domainshield.com.au Pty Ltd registers an Expiring or Deleted Domain Name on your behalf as part of the Auction that:
(a) you will immediately authorise (and do all things necessary to give effect to a transfer of that domain name to Domainshield.com.au Pty Ltd as the registrar on record; and;
(b) you have read, understood and agree to be bound by the Domainshield.com.au registration agreement ; and
(c) you consent to receiving emails from Domainshield.com.au Pty Ltd (or any other Registrar that registers a domain name on your behalf as part of the Auction) in relation to the domain name, including to facilitate the transfer of the domain name.
6. YOUR WARRANTIES
6.1 You warrant and represent that:
(a) you have legal capacity to enter into this Agreement;
(b) you will at all times comply with auDA Published Policies.
7.1 We will use our reasonable commercial efforts to acquire the ordered Expiring or Deleted Domain Name for you, but cannot guarantee that we will be successful.
7.2 Domainshield does not screen, review or control the Expiring and Deleted Domain Names that are made available for Bid via the Auction.
7.3 To the maximum extent permitted by law, we disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, correctness, accuracy, reliability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights nor that Website nor the Auction will be uninterrupted, secure or free of virus or error.
8. LIMITATION OF LIABILITY AND INDEMNITY
8.1 To the fullest extent permitted by law, we shall not be liable to you for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by you arising from, as a result of, or otherwise in connection with your use of the Website or your participation in the Auction.
8.2 You agree to indemnify, keep indemnified and forever hold harmless, us and our directors, officers, employees and agents, from and against any and all claims, actions, demands, liabilities, obligations, losses, damages, judgments, settlements, costs and expenses (including reasonable legal fees and expenses) arising out of or in connection with your use of the Website or your participation in the Auction.
9.1 It is strictly forbidden to disclose any prices or screen shots that show prices of DOMAINSHIELD domain auctions, final or not, without the express written permission from DOMAINSHIELD, with the exception if you are the final winning bidder of a specific domain name caught by DOMAINSHIELD.
9.2 DOMAINSHIELD also reserves the right, and you hereby agree to DOMAINSHIELD exercising the right, to publicise all sales conducted through the Auction, including the amount of the Highest Bid.
10.1 Clauses 6, 7, 8, 9 and 10 shall survive the termination or expiration of this Agreement.
11.1 The terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable it shall be severed from this Agreement and shall not affect the interpretation or operation of the remaining terms or provisions, which shall remain in full force and effect.
12. GOVERNING LAW
12.1 This Agreement is governed in all respects by and construed in accordance with the laws of the State of Victoria, Australia, and you submit to the non-exclusive jurisdiction (without prejudice to other potentially applicable jurisdictions) of the Courts of Victoria.