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JMCG Pty Ltd (ABN:78 101 369 153)
Domain Name Registration, Transfer and Management
1. Term
1.1 This agreement commences when JMCG Pty Ltd begins supplying the services under this agreement to the Customer and continues until its expiry or termination.
2. Domain Name Registration
2.1 If requested by the Customer, JMCG Pty Ltd will, as agent for the Customer, apply for the domain name requested by the Customer ("Requested Domain Name"). JMCG Pty Ltd will use reasonable efforts to process Domain Name application within 12 working days. Actual turnaround times may be affected by delays caused by the relevant Domain Name authority.
2.2 JMCG Pty Ltd does not guarantee that it will be successful in its application for the Requested Domain Name.
2.3 If the application for the Requested Domain Name is successful, JMCG Pty Ltd will become the Delegated Domain Administrator ("DDA") for the then Registered Domain Name.
2.4 If the customer wants to transfer the delegation of their domain names ('Re-delegation') to JMCG Pty Ltd, the customer can request re-delegation by visiting (http://domains.websiteblue.com/index.php).
3. Domain Name Management
3.1 Where JMCG Pty Ltd becomes the delegated domain name administrator for the Requested Domain Name pursuant to Clause 2.3, JMCG Pty Ltd will automatically direct to a JMCG Pty Ltd Internet Server all electronic mail messages received by JMCG Pty Ltd and addressed to the Customer's Registered User using the Requested Domain Name.
3.2 The Customer acknowledges that JMCG Pty Ltd does not currently offer domain mapping to the free web personal site.
4. Price and payment
4.1 If JMCG Pty Ltd applies to register the Requested Domain Name under clause 2 or provides Domain Name Management under clause 3, the Customer must pay JMCG Pty Ltd the applicable Domain Name Registration Fee and/or Domain Name Management Fee as set out in the JMCG Pty Ltd web site (http://domains.websiteblue.com/index.php). The Domain Name Registration Fee and Domain Name Hosting Fee are inclusive of any government taxes or charges.
5. Renewal of Domain Name Registration and Management Fees
5.1 If:
a. JMCG Pty Ltd is the DDA of the Customer's Registered Domain Name at the scheduled time of expiry of the registration; and
b. the Customer is, at that time, the owner of the Registered Domain Name,
JMCG Pty Ltd will send a reminder email for the customer to renew online (http://domains.websiteblue.com/index.php) before the expiry date. If the customer does not respond by the expiry date, a cancellation email will be sent to the customer to check whether customer wants to renew or not. 5 working days after the expiry date, if the customer does not respond or want to renew, JMCG Pty Ltd will remove the customer's domain name from the JMCG Pty Ltd Domain Name System. Once JMCG Pty Ltd has successfully renewed the domain name if requested by the customer, the customer must pay JMCG Pty Ltd the Domain Name Renewal Fee.
5.2 JMCG Pty Ltd will not renew the Registered Domain Name under clause 5.1 if the Customer notifies JMCG Pty Ltd prior to the scheduled time of expiry that it does not want JMCG Pty Ltd to renew its Domain Name.
6. Warranties and Liabilities
6.1 The Customer warrants that in selecting its chosen domain name that it will not infringe any third party intellectual property rights.
6.2 The Customer warrants that it will use it domain name for lawful purposes.
6.3 This contract is made up of the terms that are expressly set out in this contract and those implied by laws that cannot be excluded by us. No other terms apply.
6.4 If the Customer acquires the services under this agreement for personal, domestic or household use, the Customer is a Residential Customer and clauses 6.5, 6.6, 6.7 and 6.14 apply.
6.5 JMCG Pty Ltd accepts liability to the Customer if it breaches this agreement or act negligently under the principles applied by the courts, except as set out in clauses 6.6 and 6.7.
6.6 As the Customer has taken up the service predominately for personal, domestic or household use, JMCG Pty Ltd does not accept liability for any business related losses that result from the use of the service. However, JMCG Pty Ltd accepts that liability if it cannot be excluded under any legislation.
6.7 JMCG Pty Ltd is not liable for any loss to the extent that it is caused by the Customer, for example, through the Customer's negligence or breach of this agreement.
6.8 If the Customer is not a Residential Customer, clauses 6.9, 6.10, 6.11, 6.12, 6.13 and 6.14 apply.
6.9 Given the nature of telecommunications systems (including the Service's reliance on systems not owned or controlled by JMCG Pty Ltd) JMCG Pty Ltd cannot promise that the service will be continuous or fault free. Accordingly, JMCG Pty Ltd limits its liability to the Customer for losses resulting from any interruption or delay to the Customer's service to an amount equal to the service charges billed for the affected service for the period of the interruption or delay.
6.10 Subject to clause 6.13, JMCG Pty Ltd accepts liability arising from our breach of contract or negligence:
(a) for any personal injury or death to the Customer, its employees, agents and contractors in relation to the supply of the service;
(b) for any damage to the Customer's real or tangible property resulting from the supply of the service, but JMCG Pty Ltd limits its liability to its choice of repairing or replacing the property or paying the cost of repairing or replacing it; and
(c) unless clause 6.9 applies, for any other cost or expense the Customer reasonably incurs that is a direct result of, and flows naturally from, such breach or negligence (but excludes loss of profits, likely savings and data), but JMCG Pty Ltd limits its liability for all such claims in aggregate to the total amount payable to JMCG Pty Ltd under this agreement in respect of the first year of the agreement.
6.11 Other than for the liability JMCG Pty Ltd accepts under this clause 6, JMCG Pty Ltd excludes all other liability whether to the Customer or a third party for breach of contract, negligence or breach of any other law. For any liability which cannot lawfully be excluded as it is under this clause 6, JMCG Pty Ltd's liability is limited to resupplying or paying the cost of resupplying services and repairing, replacing or paying the cost of repairing or replacing goods.
6.12 Notwithstanding anything else in this clause 6, JMCG Pty Ltd's liability will be reduced to the extent the loss or damage is caused by the Customer, its employees, agents or contractors.
6.13 JMCG Pty Ltd will not be responsible for any loss or damage arising from circumstances outside its reasonable control.
6.14 The Customer is liable to JMCG Pty Ltd if the Customer breaches this Agreement or act negligently under the principles applied by the courts. However, the Customer is not liable for any loss the Customer suffers to the extent that it is caused by JMCG Pty Ltd, for example, through JMCG Pty Ltd's negligence or breach of this agreement.
7. Termination
7.1 Either party may terminate this agreement by 30 days' notice in writing (including any email) to the other party.
7.2 JMCG Pty Ltd may terminate this agreement if the Customer is no longer a customer of JMCG Pty Ltd, or if the Customer fails to pay the applicable Domain Name Registration Fee and/or Domain Name Hosting Fee, but will notify the Customer before doing so.
7.3 On termination or expiry of this agreement for any reason, JMCG Pty Ltd may delete the Customer's Registered Domain Name from any storage media.
7.4 JMCG Pty Ltd reserves the right to suspend this agreement without prior notice if Customer breaches clause 6.1 or 6.2, as these are material breaches of this agreement which cannot be remedied.
8. Miscellaneous
8.1 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
8.2 This agreement and the transactions contemplated by this agreement are governed by the laws in force in the State or Territory in Australia in which you reside.
8.3 The Customer may not assign its rights and obligations under this agreement without the prior written consent of JMCG Pty Ltd (which JMCG Pty Ltd will not unreasonably withhold).
8.4 JMCG Pty Ltd may assign or novate its rights and obligations under this agreement to a related body corporate by notice to the Customer. JMCG Pty Ltd will try to give prior notice, but will otherwise give notice within 30 days after the relevant assignment or novation.
8.5 Requests for domain name applications made by the Customer to JMCG Pty Ltd under clause 2.1 may not be altered, cancelled or withdrawn by the Customer until registration has occurred or until the application has been rejected.
8.6 Some Customer Registered Domain Names may
a) operate a mail forwarding facility; or
b) publish customer and domain name information on a third party database.
JMCG Pty Ltd does not operate, makes no representations about, and is not responsible for mail forwarding facility or publication of information on a third party database.
