Should you wish to register .au names with us or transfer .au names to our management, certain conditions are imposed by the body appointed by the Australian Government to administer and manage the .au ccTLD, namely .au Domain Administration Limited (“auDa”), and the Registry Operator Identity Digital Australia Pty Ltd (“Registry Operator”). As set out in our Terms and Conditions, by placing an order with us you unconditionally agree to be bound by these conditions, any Registrant Agreement and/or Domain Name Licence Agreement with the .au Domain Authority.

You acknowledge and agree to comply with the following Mandatory Provisions for Licence Agreements stipulated by auDA:

1. auDA and Registrar’s Agency
1.1 In this Agreement:
(a) auDA means .au Domain Administration Limited ACN 079 009 340, the .au domain names administrator;
(b) Registrar Rules means the document titled “.au Domain Administration Rules: Registrar” as ratified by auDA and amended from time to time; and
(c) Licensing Rules means the document titled “.au Domain Administration Rules: Licensing” as ratified by auDA and amended from time to time.
1.2 Solely to the extent this Agreement purports to grant a right or benefit to auDA (who is not a contracting party to this Agreement), if that right or benefit is also granted to the Registrar, then the Registrar may (whether on behalf of auDA and/or in its own capacity) enforce the obligation corresponding to the auDA’s right, for auDA’s benefit. For the purposes of such enforcement, the obligation corresponding to auDA’s right or benefit is taken to be owed to auDA.

2 auDA Published Policies
2.1 In this clause, auDA Published Policies means those specifications and policies established and published by auDA from time to time at https://www.auda.org.au/policies, and includes the Registrar Rules and the Licensing Rules.
2.2 The Registrant must comply with all auDA Published Policies, as if they were incorporated into, and form part of, this Agreement. In the event of any inconsistency between any auDA Published Policy and this Agreement, then the auDA Published Policy will prevail to the extent of such inconsistency.
2.3 The Registrant acknowledges that under the auDA Published Policies:
(a) there are mandatory terms and conditions that apply to all licences, and such terms and conditions are incorporated into, and form part of, this Agreement; and
(b) the Registrant is bound by, and must submit to, the .au Dispute Resolution Policy; and
(c) auDA may delete or cancel the registration of a .au licence.

3 auDA’s Liabilities and Indemnity
3.1 To the fullest extent permitted by law, auDA is not liable to Registrant for any Consequential Loss or damage suffered by Registrant arising from, as a result of, or otherwise in connection with, any wrongful or negligent act or omission of auDA, its officers, employees, agents or contractors, sub- contractors and professional advisers.
3.2 For the purposes of this Item 3, “Consequential Loss” means any indirect, incidental, special or consequential loss or damage, pure economic loss damages and exemplary or punitive damages, including loss or damage in relation to loss of use, loss of production, loss of revenue, loss of profits or anticipated profits, loss of business, loss of business opportunity, loss of contract, loss of reputation or opportunity, business interruptions of any nature, loss of data, data corruption rectification costs or loss or damage resulting from wasted management time.

In addition, you consent to the use, copying, distribution, publication, modification and other processing of your Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified in the Registry Registrar Agreement, including in relation to the handling of Personal Data.

You acknowledge and agree:

• to provide accurate registration data and verification of your identity and immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name;
• that Registry Operator has no liability of any kind for any loss or liability resulting from the proceedings and processes and results of any dispute resolution process regarding a registration;
• to indemnify, defend and hold harmless Registry Operator and its subcontractors, and the directors, officers, employees, affiliates and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your domain name registration. This indemnification obligation shall survive the termination or expiration of the registration agreement; and
• that the Registry Operator reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on Registry lock, hold or similar status, that it deems necessary, in its discretion to:
  • protect the integrity and stability of the Registry Services;
  • comply with a direction from or requirement of auDA; or
  • comply with a lawful direction imposed on Registry Operator under Australian legislation, or to comply with .au Dispute Resolution Policy.

Registry Operator may, with the prior written approval or at the direction of auDA, deny, cancel or transfer any registration or transaction, or place any domain name(s) on Registry lock, hold or similar status:
(a) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
(b) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees;
(c) for violations of this Agreement;
(d) for the non-payment of Fees by Registrar;
(e) to correct mistakes made by Registry Operator or any Registrar in connection with a domain name registration; or
(f) to place a domain name on Registry hold, Registry lock, or similar status during resolution of a dispute.

You acknowledge and agree that:

• you may only hold .au names if you fulfil the Registry and auDA requirements to:
  • have your identity validated
  • have a legitimate Australian Presence; and
  • satisfy all applicable eligibility and domain name allocation rules for the relevant Designated Namespace.
• the Registry Operator may determine that you do not fulfil the criteria for holding .au names in its final security and integrity checks and reject your application for .au names. We, auDA or the Registry Operator may cancel our registration of the .au domain name if you cease to comply with the eligibility requirements.

For Resellers
If you are a reseller, you acknowledge and agree:
(a) you will not engage in activities that have, or may have (in auDA’s view), a materially adverse effect on the security, integrity or stability of the DNS or the Registry;
(b) you will not do anything inconsistent with the Registrar’s obligations to auDA and will comply with all applicable Published Policies of auDA
(c) to ensure auDA’s and the Registrar’s compliance with the Registrar’s agreement with auDA;
(d) to ensure a Registrant’s ability to use, or continue to use, a Domain Name is not adversely affected;
(e) as required by auDA in writing from time to time, to comply with all applicable Laws, and to ensure the stable, secure and reliable operation of the DNS and .au ccTLD including its integrity and resilience;
(f) to identify your relationship with the Registrar in any instrument of, or purporting to be signed or issued by or on behalf of you as reseller or issued in the course of, or for the purposes of, performing services under your reseller agreement with us relevant to Registrar Services; and on your website;
(g) to comply with the Australian Privacy Act (including the Australian Privacy Principles under the Privacy Act); and
(h) to indemnify us, auDA, its Related Entities and its Personnel against any Liability suffered by any person in connection with any claims arising as a result of or in relation to your breach of this Agreement, any applicable laws or Registry Policies.

For Consumers – Australian Consumer Law
If you are a consumer, we will comply with the Australian Consumer Law. Any term of your registration contract which is unfair will not be enforced. A term of a consumer contract is unfair if it: (i) would cause a significant imbalance in the consumer’s rights and obligations arising under the contract (ii) is not reasonably necessary to protect the legitimate interests of the party who would be advantaged by the term; and (iii) would cause detriment (whether financial or otherwise) to the consumer if it were to be applied or relied on. In deciding whether a term is unfair, a court may take into account the matters that it considers relevant but must take into account: (i) the extent to which the term is transparent; and (ii) the contract as a whole.