1. The Registrar's Obligations
We agree that we will:
2. The Registrant's Obligations
1.1 comply with all .nz policies and accurately represent these to you;
1.2 disclose accurately and completely all our terms and conditions
associated with your use of our services to register and maintain a
domain name sought to be used by you, including price and billing
1.3 comply with your lawful directions in a diligent and timely manner
regarding your .nz domain name, (for example, registration,
cancellation, amendment, deletion, and associated technical support
1.4 process any new .nz domain name registrations with the registry
within 4 hours from the time we receive all the information required
to complete a registration if it is within our advertised business hours
of 9 AM - 5 PM Monday-Friday, and otherwise within 8 hours;
1.5 notify you of the registration of your domain name(s), including the
details of: the domain name, your own contact details, our contact
details, the registration period, the unique authentication ID for your
domain name and your obligations as a registrant;
1.6 arrange for correction of any error in the information in the register
about any domain name registered to you when requested;
1.7 provide to you, or to someone we reasonably believe to be acting
on your behalf, the unique authentication ID for your domain name
when requested and for no charge;
1.8 use your personal information only as authorised by you;
1.9 take all reasonable steps to safeguard and protect all information
about you stored in our databases and system(s);
1.10 comply with any order of any authority having jurisdiction
regarding any domain name registered to you;
1.11 use our best endeavours to deal with any complaints you may have
about the services we provide for you.
You agree that you will:
2.1 comply with the .nz policies. You agree that you have read and
understood the current policies;
2.2 make sure all information you give us is accurate and complete,
keep us informed of changes to any information you give us, and that
you have the authority to enter into this agreement;
2.3 keep the unique authentication ID for your domain name and any
other security information that we give to you confidential, safe and
2.4 satisfy yourself that your use of a domain name will not infringe
anybody's intellectual property rights and protect us, and everybody
we are in any business relationship with to provide services to you,
from any such claim;
2.5 ensure that you only use our services for a lawful purpose;
2.6 ensure that the use of any domain name registered to you does not
interfere with other users of the Internet;
2.7 ensure that any order of any authority having jurisdiction regarding
any domain name registered to you is complied with;
2.8 protect us, and everybody we have a business relationship with,
against any legal action taken against us because of the receipt or use
of our services by you or someone you are responsible for, including
reliance by us or anybody we have a business relationship with, on
information supplied by you.
Duties of Other Persons
2.9 You agree to make sure everyone you are responsible for or who
uses a domain name registered to you also meets the above duties.
3. Registration of a Domain Name
3.1 Operation of the .nz domain name space requires the collection of
information, including some personal information, from you. In order to
have a domain name registered in your name, this information must be
entered into the register (see clause 4 below for more details regarding
3.2 By entering into this agreement, you consent to providing us with
the following personal information (â€œpersonal informationâ€):
- country; and
- phone number.
3.3 While you have the right to withdraw your consent to providing us
with your personal information, without this personal information wecannot perform our obligations under this agreement (including
registering and maintaining a domain name for you) because:
i) the personal information is necessary in order for your domain
name to be recorded on the .nz register;
ii) we need to be able to contact you in relation to the
administration of the domain name; and
iii) we are required by .nz policies to collect your personal
3.4 If you decide to transfer management of your domain name to
another registrar, or if your domain name is cancelled, or if this
agreement ends for any other reason, we will continue to store your
personal information for a period of not less than 6 years for limitation
and tax administration purposes.
3.5 You further agree that:
4. Register and registry
i)the domain name is registered in your name only because no
other person has it according to the records of the register;
ii)neither we nor anybody else is representing anything else to
anybody regarding that domain name. The entry of a domain
name in the Query Service shall not be taken as evidence of
anything other than such registration; and
iii)you protect 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
4.1 The register is the authoritative database of .nz domain names and
the details shown in the register is treated as the correct record. The
register is operated by the registry branch of InternetNZ (â€œregistryâ€).
4.2 In order to have a domain name, it is necessary that the registry
store your personal information on the register.
4.3 When a domain name is no longer registered in your name, the
registry will continue to store your personal information (â€œhistorical
personal informationâ€). Historical personal information may only be
disclosed where authorised or required by New Zealand law.
4.4 To the extent GDPR applies, EU registrants have the right to object
to the registry storing historical personal information and/or disclosing
it as authorised or required by New Zealand law.
4.5 Despite clause 4.4, pursuant to Article 21 of GDPR, the registry
maintains that it has compelling legitimate grounds for storing an
historical auditable record of all domain names and disclosing historical
personal information as authorised or required by New Zealand law.
This is because without carrying out these functions, the integrity and
operation of the register would be significantly undermined.
5.1 DNC is the entity which regulates the .nz domain name market
5.2 DNC provides a domain name registration data query service
(â€œQuery Serviceâ€) (see section 21 of .nz Operations and Procedures
policy for further details). Through the Query Service, the public is able
to access the register with respect to a particular domain name from
DNCLâ€™s website. Subject to the Individual Registrant Privacy Option
(â€œIRPOâ€) referred to in clause 5.7 below, in response to a Query,
registrantsâ€™ personal information will be available (along with the
domain name, its commencement and expiry dates and
addresses/details of the name servers for it, and our name).
5.3 When a name is cancelled it holds a pending release status. During
the pending release period of 90 days from date of cancellation, a
registrar may fully re-instate the domain name for the registrant, so
that it becomes active again. This means that your personal information
remains viewable on the Query Service for that 90 day period.
Following the 90 day period when your name is released, your personal
information will no longer be disclosed on the Query Service.
5.4 To the extent GDPR applies, EU registrants have the right to object
to their personal information being made available through the Query
Service. However, pursuant to Article 21 of GDPR, DNC maintains that it
has compelling legitimate grounds for disclosing the personal
information on the Query Service. This is because without the Query
Service, the integrity of the .nz domain name space would be
5.5 For the avoidance of doubt, by entering into this agreement, you
hereby give consent to your personal information being made available
on the Query Service.
5.6 To the extent GDPR applies, EU registrants have the right to
withdraw their consent under clause 5.5. However, any withdrawal of
consent is without prejudice to DNCâ€™s position that it has a legitimate
interest in disclosing the personal information on the Query Service.
5.7 The IRPO is an optional feature available for individuals who are not
using the domain name it is applied to in significant trade. If you are
eligible and choose to use IRPO, your telephone number and contact
address information will not be disclosed on the Query Service
(â€œWithheld Dataâ€). If you use your domain name for significant trade
purposes you will not be eligible for the IRPO (see section 8 of .nz
Operations and Procedures policy for further details).
5.8 Despite clause 5.7, Withheld Data may be released in the following
â€¢ Where applications are made by any person, entity or
organisation who have established a legitimate need for the
Withheld Data (see sections 22.2-22.22 of .nz Operations and
â€¢ Where disclosure is ordered by a court of competent jurisdiction
or is required by any other order with the force of law (see
sections 22.23-22.24 of .nz Operations and Procedures policy);
â€¢ Where an entity has a Memorandum of Understanding with DNC,
such that the entity has automatic access, or alternatively
streamlined access, to the Withheld Data (see sections 22.25 to
22.40 of .nz Operations and Procedures policy).
5.9 To the extent that GDPR applies, EU registrants, who are eligible for
the IRPO, have the right to object to Withheld Data being disclosed in
the circumstances described in clause 5.8. However, pursuant to Article 21 of GDPR, DNC maintains that, based on the Privacy Act 1993 (or any
substitute enactment) (and in particular Principle 11) it has compelling
legitimate grounds to disclose Withheld Data on these circumstances.
6. Payment of Fees
6.1 You agree to pay for the services we provide for you.
6.2 If you transfer a domain name registered to you to another
registrant or to be managed by another registrar, all charges owing to
us shall become immediately due and payable on the date of that
6.3 We may alter our fees from time to time. When we alter them we
will send you notice of the alteration 30 days before the new fee takes
6.4 Our usual fees are for .NZ Domains are NZD$21.50 annually. We may also charge for domain privacy and DNS provided by us. We will tell you
before any additional charge is incurred.
6.5 Our prices are stated in New Zealand dollars and exclude GST unless otherwise stated.
7. Suspension And Refusal To Supply Services
If you do not pay our charges for a domain name registered to you we
â€¢ cancel registration of that domain name; or
â€¢ refuse to provide a service you request.
8. Cancellation of a Domain Name
If we are going to cancel the registration of a domain name registered
to you as a result of you not paying our charges relating to that
registration, we will give you fourteen days notice before we initiate
action to cancel that domain name.
9. Exclusion of Liability
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
9.1 InternetNZ, the registry and any other entity we are in any business
9.2 every officer, employee, contractor, agent of us or any entity in
9.3 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 under the Consumer Guarantees Act 1993.
10. Limitation of our Liability
We have excluded all other liability we or any of the persons specified
in clause 9 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 9 then this clause applies.
Where this clause applies, the maximum combined amount the persons
specified above (together) will have to pay you and anyone else who
uses the services we provide for you (together) is the amount of the
last month's fee paid by you under this agreement.
11. Law and Jurisdiction Applying to this Agreement
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 the 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 15 says otherwise.
To the extent legally permitted:
11.1 all our services are provided under New Zealand law;
11.2 any claim or dispute arising out of or in connection with this
agreement must be instituted within 60 days from the date the
relevant service was supplied to you;
11.3 except as otherwise stated, you may take action against us only in
a New Zealand court;
11.4 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
12. Cancelling the Agreement
12.1 We may cancel or suspend this agreement by giving you one
months notice if you do not meet your duties to us.
12.2 We may end the agreement for any other reason by giving you one
13. More Than One Person
You are responsible for everybody who you permit to act for you as a
registrant. We will take reasonable care to satisfy ourself that you have
permitted those persons to act for you.
14. Each Clause Separately Binding
Each clause of the agreement you have with us is separately binding.
If for any reason we, you, or any of the persons specified in clause 9
cannot rely on any clause, all other clauses of it are binding.
15. Rights and Responsibilities that Continue
The cancelling of any agreement you have with us does not affect any
rights and responsibilities, which are intended to continue or come into
force afterwards. These include the rights and duties under 2, 4 - 11, 13 -
14, and this clause 15.