.au Premium Domains

Date: May 2018

1. Definitions

In these Terms:

  • Contact Details” means any contact details provided by you to Melbourne IT in connection with the Listing Service.
  • Indemnified Party” means Melbourne IT and the directors, officers, employees, and agents of Melbourne IT.
  • Loss and Damage” means any claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees).
  • Listing Period” means the period your domain name appears on the Listing Service.
  • Listing Price” means the price instructed by you, in Australian dollars and excluding GST.
  • Listing Service” means the Melbourne IT .au Domain Name Listing Service.
  • Prohibited Conduct” means if you use the Listing Service to engage in any activity or conduct:
    1. that is or could be defamatory or disparaging towards any person; and/or
    2. that is or could be illegal or fraudulent; and/or
    3. that is or could infringe or misappropriate the intellectual property rights of others; and/or
    4. that is likely (in Melbourne IT’s reasonable opinion) to expose Melbourne IT to liability or be detrimental to the reputation of Melbourne IT.

2. Changes to This Agreement

Melbourne IT may change the terms and conditions of this Agreement either by obtaining your consent or giving you notice. The period of notice given by Melbourne IT depends on the nature of the change. If:

  1. the change will benefit you, we may make the change immediately and are not required to notify you prior to the change;
  2. the change is required by law, a regulatory body (including ICANN, auDA or any other domain name regulatory body) or for a technical reason (including for security), we will give you a reasonable period of notice not exceeding 3 days;
  3. we consider that the change has a significant and detrimental impact on our customers generally, we will give you at least 30 days notice prior to the change; and
  4. for all other changes, we will also give you at least 30 days notice prior to the change.

Melbourne IT may give notice of a change by posting the new version of the Agreement on its website located at https://melbourneit.au/.

3. Melbourne IT’s Obligations

3.1 Melbourne IT will use all reasonable efforts to list your domain name as being “for sale” on the Listing Service.

3.2 Melbourne IT does not make any warranty or representation:

3.2.1 that your domain will be sold using the Listing Service;

3.2.2 as to the accuracy, reliability, completeness or content of the Listing Service, any information services or merchandise contained in or provided through the Listing Service, or, for the avoidance of doubt, any information provided by Melbourne IT in any advice, report or communication to you or any other party; or

3.2.3 that the Listing Service will be uninterrupted, error-free or not subject to delays (technical or otherwise).

3.3 If your domain name is successfully sold to a purchaser using the Listing Service, Melbourne IT will pay to you 70% of the Listing Price within 30 days of receiving payment from the successful purchaser.

4. Your Obligations

4.1 During the Listing Period, you must take all steps to complete the sale of your domain name in the manner contemplated by this Agreement except where it would be illegal for you to do so.

4.2 This listing of your domain name on the Listing Service is exclusive. During Listing Period you must not offer your domain name for sale in any other manner or forum, or procure a third party to do so.

4.3 You must ensure that the domain name remains validly registered during the Listing Period and until successfully transferred to a purchaser. Melbourne IT is not responsible if the domain name is no longer registered.

4.4 You acknowledge that Melbourne IT will only be able to call or contact you (if required) or pay you in connection with this Listing Service if you keep your Contact Details up to date. You therefore agree that you shall be solely responsible for keeping your Contact Details up to date. You agree that Melbourne IT shall have no liability to you whatsoever if Melbourne IT is unable to contact you or pay you as a consequence of your Contact Details not being up to date or for whatever reason (including, for example, because you do not respond to our contact in a timely manner).

4.5 You acknowledge that before Melbourne IT can transfer the domain name to a successful purchaser, you will be required to make the following representations and warranties to us at that time:

4.5.1 Declaration by Current Registrant of Domain Name (Transferor)

I/We declare and warrant to the Melbourne IT and to .au Domain Administration Ltd that:

  1. I am authorised to submit this form for or on behalf of the current registrant of the domain name; and
  2. the current registrant of the domain name is entitled to transfer the domain name licence to the proposed new registrant; and
  3. all information contained in this transfer form are true, complete and correct, and not misleading.

The current registrant hereby transfers the domain name licence to the proposed new registrant, subject to the terms and conditions on which the current registrant held the domain name licence at the time of transfer.

Melbourne IT is unable to pay you for the sale if you do not make the necessary representations to us at the time of transfer.

5. Prohibited Conduct

You must not engage in any Prohibited Conduct with respect to the Listing Service. If you engage in any Prohibited Conduct, or if Melbourne IT receives a request from any enforcement agency with respect to your use of the Listing Service, Melbourne IT may disclose any information pertaining to you or the Domain Names relevant to your use of the Listing Service (including, without limitation, if applicable, any payment information), to any enforcement agency.

6. Cancellation of Listing Service

6.1 Melbourne IT may elect to:

6.1.1 terminate your Listing Service;

6.1.2 withdraw your remove your domain name from listing; and / or

6.1.3 not complete any sale transaction, for any reason, including where it would be illegal or a breach of auDA or Melbourne IT policy, without any liability to you.

6.2 You may request that Melbourne IT remove your domain name from the Listing Service by giving Melbourne IT 30 days prior written notice. Melbourne IT will remove your name provided that no expression of interest has been received in relation to your domain name

7. Limitation of Liability

7.1. To the extent permitted by law and subject to clause 8.2, you agree that Melbourne IT shall have no liability to you under these Terms or in connection with the Listing Service, including (without limitation) liability to you for any loss or damage (whether direct, indirect, consequential, loss of profits or otherwise) you may incur (whether by negligence or fault of Melbourne IT or otherwise) in connection with this Agreement or the Listing Service, including, without limitation, any failure by Melbourne IT to complete a sale of a domain name.

7.2. If any legislation implies in this Agreement a term or warranty and also prohibits Melbourne IT from modifying the application of or exercise of, or liability under that term or warranty, that term or warranty is deemed to be part of this Agreement and you agree that Melbourne IT’s liability under this Agreement for a breach of that term or warranty is limited to, in the sole discretion of Melbourne IT, the re-supply of the goods or services again or the payment of the cost of having the goods repaired or replaced or the services supplied again.

7.3. Melbourne IT acknowledges that some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of Melbourne IT shall be limited to the greatest extent permitted by applicable law.

7.4. You acknowledge that Melbourne IT agrees to provide the Listing Service to you only on condition that you agree to this Agreement, and in particular, this Limitation of Liability clause

8. Indemnity

You agree to indemnify each Indemnified Party from and against any and all Loss and Damage incurred by any Indemnified Party arising out of, or directly or indirectly relating to:

8.1. your use of the Listing Service; and/or

8.2. any breach of this Agreement by you.