New .kiwi gTLD Domain Name Terms & Conditions

This page is important. It gives you, as the customer, a summary of your rights and responsibilities and requires you to formally agree to them before your application proceeds further. By proceeding further you agree to these terms and conditions.

The new gTLD namespace denotes those general Top Level Domains which are being released by ICANN after 5th February 2014 and offered for registration from time to time by Freeparking. This Agreement covers the new gTLD .kiwi extension only.

Parties

The "customer" can be referred to as the "Name Holder". This is a person or party who wishes to obtain a domain name.

Umbrellar Limited trading as Freeparking acts as the Registrar Agent. Our role is that of an agent acting for you at the Registrar, Tucows Domains Inc, who in turn act for you at the Registry.

Tucows Domains Inc. is the Registrar. They set out the policies, issue authorisation keys and keep master records, among other things. By accepting these Terms and Conditions, you also accept as set out in clause 10 below the Terms and Conditions of Tucows Domains Inc. in their role as Registrar.

Terms

1.   You must become familiar with the benefits and liabilities of owning any domain name. Freeparking does not as part of the application process advise you on any aspect of the commercial value in your name.

2.   You must establish at law your rights to own and use the domain name. In particular you must satisfy yourself that no trademark or other intellectual property rights of third parties will be infringed. When a domain name in the gTLD domain name space is registered to you, or in your name as directed by you, you agree:

a) That the following information becomes available to any member of the public: your name; your contact details; and the domain name, its commencement and expiry dates and address/details of the nameservers for it, and our name.

b) The domain name is registered in your name only because no other person has it according to the records of the register; and

c) Neither we nor anybody else is representing anything else to anybody regarding the domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and

d) That you protect and fully indemnify us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.

3.   Freeparking will apply for and maintain your domain name for you. You must pay to Freeparking the annual renewal fee.

4.   All fees must be paid on time and in advance to Freeparking. If you don't, this may result in your domain name and all services associated with it being removed from the Internet and/or Freeparking ceasing to provide its services to you.

5.   You will receive separate confirmation (by email) that your domain name has been successfully established.

6.   You must verify the Registrant contact details for your domain name within 15 days of initial registration, transfer or Registrant change.  Failing to do so will result in the domain name being suspended until the Registrant verification is completed.

7.   You must modify your details using the interface provided at Freeparking's website when any of your contact details change. Freeparking will not be responsible in any way for any losses damages costs or expenses as a result of your failure to comply with this clause.

8.   New domain name registrations can only be cancelled within 24 hours of initial registration. Refunds for domain names cancelled within this period will be issued solely at the discretion of Freeparking. After this period no refunds will be given, as per the later provisions of this agreement.

9.   In submitting this form you agree generally to indemnify and hold Freeparking, its officers and employees harmless from and against all claims and expenses, losses and damages including reasonable legal fees arising from a breach by you of these terms in any way or arising out of the performance or provision by Freeparking of any action or service at your request.

10.   The terms and conditions enforced by Tucows Domains Inc. and which apply at the time of your application for a domain name and subsequently shall apply to you and you agree to comply with them. Freeparking is authorised to accept on your behalf that you will comply with them. Full details of present terms and conditions can be found at https://opensrs.com/wp-content/uploads/Tucows_ExhibitA.html.

11.   Freeparking reserves the right to add to, alter or remove these terms and conditions in whole or in part whether as a result of changes in Tucows Domains Inc. policy or terms and conditions or otherwise. Freeparking shall give such reasonable notice, as it is able of any change to these terms and conditions.

12.   This Agreement by Freeparking to act as your Registrar Agent and these terms and conditions shall all be construed and enforced according to New Zealand law and the New Zealand Courts shall have jurisdiction in respect thereof.

13.   Unless we otherwise agree in writing, this Agreement contains all the terms of our relationship and continues to apply no matter where you are located at any time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 10 says otherwise.  To that extent legally permitted:

a) All our services are provided under New Zealand law;

b) Any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant services is supplied to you;

c) Except as otherwise stated, you may take action against us only in New Zealand Court;

d) Where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.

14.   Freeparking cannot guarantee that due to circumstances beyond our control your requested domain name will be assigned to you. In the event that your domain name registration, renewal or transfer is not processed successfully, we will refund you for all fees charged.

15.   By accepting these terms and conditions you agree to abide by Freeparking's Acceptable Use Policy.

16.   As consideration for Freeparking's domain name registration, administration, and renewal services, you agree to pay Freeparking, upon submission of your domain name application, renewal application, or registrar transfer application to Freeparking, the then-current fees set forth in the Freeparking price schedule available at https://www.freeparking.co.nz/domain-names/new-domain-extensions/ for such services.  Prices are subject to change however the current prices for non-premium domain names will always be displayed on the Freeparking website.  Premium new gTLD domain name prices are only available on request from accounts@freeparking.co.nz.

17.   All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. Freeparking reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

18.   Your domain name application, renewal application, or registrar transfer request will not be submitted to the applicable registry unless we receive actual payment of the registration, renewal, or transfer fee.

19.   In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration shall be transferred to Freeparking as the entity that has paid the registration, renewal or transfer fee for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion and subject to our receipt of the applicable registration, renewal of transfer fee and our then current reinstatement fee, currently set at NZ$50.00.

20.   The Registrant contact for a domain name along with the Billing Contact for the account will be notified (by email) at least twice before a renewal fee is due and once after the domain name expiry. Therefore it is vitally important for email contact details to be correct. Customers can use the My Account facility on the Freeparking website to update details if required. The renewal notification will contain a link to a payment page where your domain name can be renewed by credit card, direct credit or cheque payment. Freeparking will not be liable for any failure to renew a domain name where you have not maintained your correct contact details.  The renewal notification email will be sent from accounts@freeparking.co.nz so we recommend that you set this email address as a ‘safe sender’ to avoid notification emails being blocked by spam filtering software.

21.   Failure to renew your domain name(s) will result in the domain name(s) being cancelled. This will cause any email and website hosting services to cease operating.

22.   Cancelled domain names may be transferred to a holding pool for a period of 30 days. During this 30 day period the current Name Holder may be able to reactivate the name by paying any outstanding renewal fees. If reactivation by the current Name Holder does not occur within 30 days of cancellation, or for some domain extensions where there is no holding period, additional fees will apply to redeem the domain name or redeeming may not be possible. The fees to restore a domain name from Redemption Period can be found at https://www.freeparking.co.nz/domain-names/pricing/.

23.   If a claim is made or threatened against us by any third party, we may immediately cancel or suspend registration or refuse any request for service unless in our sole discretion we are satisfied that the claim is wholly without merit or you provide us with sufficient security (in our discretion) to protect and indemnify us against that claim. Any cancellation, supervision or refusal by us under this clause does not give you any right to claim damages compensation or any losses of any nature from us.

24.   We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of:

a) The Registry and any other entity we are in any business relationship with;

b) Every officer, employee, contractor, agent of us or any entity in clause 10;

c) Anyone else we get to perform our duties under any agreement you have with us.

None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.

This exclusion applies whatever you are claiming for and in whatever way liability might arise.

This exclusion does not prevent you getting a Court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have (if any) under the Consumer Guarantees Act 1993.

25.   To the extent that you are using our services for a business or business purposes you agree that the Consumer Guarantees Act 1993 does not apply.

26.   We have excluded all other liability we or any of the persons specified in clause 10 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 24 then this clause applies.

27.   We may end the agreement for any other reason by giving you one month's notice.

 

This policy was last updated on 28 November 2016.


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