Lounge Network New Zealand

These conditions below relate specifically to .nz registration. If you are registering an international address (eg .com), please click here.

Please read this agreement below in its entirety. All users of our service will be bound by this agreement. These terms and conditions may be modified at any time and without notice. All users, both previous and new are always subject to the newest terms posted here at all times.

(i) Design Lounge Ltd is the registered company name for Website Hosting and Domain Registration and Web Design services, under the trading name 'Lounge Network'.
(ii) Lounge Network is a .nz provider using the services of authorised registrar Domain Agent for .nz domain registrations, who are an accredited registrar with New Zealand Registry Services. We offer Domain Name registration services to the public, and will personally manage the domain name on your behalf.
(iii) The Registrant has requested Lounge Network to provide domain registration and domain management services to him/her/it, and Lounge Network has agreed to do so on the terms and conditions set out in this Agreement.
(iv) Domain Name Registration will be completed once confirmation of payment is received. Any payment made to us MUST include the 'Domain Name' (eg. yourdomain.co.nz) being registered/renewed, and the 'DAG reference number', with the payment, before we are able to assign and process the domain registration/renewal. With any payment that you make, please email us though our contact page, with the following information (a) The 'Reference' used with the deposit. (This should be your domain name and DAG reference number), (b) The 'Date of Deposit' (xx/xx/xx - the date your made the deposit into our bank account), (c) The 'Amount Deposited' ($xxxx.xx - the amount you deposited), & (d) The 'Bank' the amount was deposited from. Please Note that we need this information, so that we can match your payment with your account, allowing us to process it. If you don’t let us know about the deposit you have made, and we can’t match payment with your account, the amount may not be able to be assigned to your domain until you inform us. This may result in domain cancellation which can result in you permanently losing your domain name. If the payment is for a new domain name, it may result in someone else registering your domain name. Should your domain be cancelled due to an unrecognisable payment, if the domain is still available to be renewed it may result in an uncancellation fee being required, before the domain can be uncancelled and renewed.
(v) Payments for domain registration and renewals can only be accepted where made by Credit Card, Direct Credit, Cheque, or Cash. Should the client ever issue a chargeback/reversal with their credit card company, for a domain registration/renewal payment that the client previously made to us, we reserve the right to retrieve the credit card chargeback/reversal costs and the domain registration/renewal fee from the client, plus any associated costs in the collection of this from the client.
(vi) Domain names can take anywhere between 6-72 hours to fully migrate over to the Lounge Network servers.
(vii) It is up to you the client, as the 'registrant' of the Domain Name, to keep a record of when your annual domain registration is due, and pay it before it expires. Lounge Network will endeavor to send you out a reminder, in the form of an email when your domain name is up for renewal, however this is not a binding commitment. You can check the status of your domain name at any time by clicking here, and entering your domain in the domain search box, or by logging into our Domain Manager by clicking here. Payment details can be found by clicking here.
(viii) This Domain Name Registration service is only available to people or organisation's residing in New Zealand.
(ix) If there is any change to your domain names contact details, including your email address, you are required to modify your contact details in our Domain Manager by clicking here. If your email address changes and you don't update it in the Domain Manager, it will not be able to send you out email reminders of when your domain is due to expire. Make sure you keep your domain contact details up to date by clicking here. If you would like us to modify these for you manually, we charge a $22.95 + GST administration fee for manually modifying your details with the registrar.
(x) You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your registration is set to expire. As a convenience to you, and not as a binding commitment, we may notify you via an email message, when renewal fees are due to avoid expiration. Should these fees go unpaid, your domain registration will expire or be cancelled.
(xi) If you are registering a domain name for, or on behalf of someone else (your are acting as an agent), you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy. You also agree that all terms and conditions will be passed onto your client to read and agree to.
(xii) If you need to request your UDAI code, you are able to generate this yourself, by logging into the Domain Manager by clicking here .
(xiii) Should the client encounter an issue with the provided services, before contacting us they must follow the troubleshooting process, as set out in the FAQ section of the hosting website, to make sure that the issue isn't at the clients end. For example, the issue could be caused by the clients ISP, their computer, their local network, or the clients firewall. The client must also check our Network Status Page on our website, at www.loungenetwork.co.nz, to make sure that the issue hasn't already been posted, before contacting us. If the client needs to contact us to report an issue or with a question, the clients communication to us must be done via email, via the contact form on our hosting website. We do not provide telephone support for our hosting services under any circumstances. From our experience, email is a far more efficient method for communication, and resolving any technical issues. It also allows us time to discuss solutions to questions with other members before we reply to you. Due to this, we are able to pass the cost savings on to our clients with affordably priced hosting plans and domain registration. Therefore please also don't ask us to telephone you back.
(xiv) When a domain name expires it enters a grace period during which it may still be renewed. Should your domain expire and enters the registrars 'pending release period', a redemption fee of approximately $26.67+GST plus your domain renewal fee, will be required to be paid by the domain registrant for us to uncancel and renew the domain. The redemption fee will be invoiced separately from the domain renewal fee. Should the domain not be renewed, the domain will then be released for open registration again, and anyone will then be free to register the domain name. We recommend that Domain Names are renewed well before the renewal date to avoid interruption of service or redemption fees.
(xv) Tax invoices are generated automatically by the Domain Manager, when the domain is renewed. Invoices can be printed off from inside the Domain Manager at http://www.domains.loungenetwork.co.nz/, by logging into your Domain Manager account, and then clicking in the 'invoices' text link on the top menu. The name and address that will appear in the invoice, will be the admin/billing contact for the domain name that appears in the public whois record for the domain, so please make sure that you keep these details up to date. The billing details on the invoice cannot be changed, once the domain is renewed and generated by the system. Invoices are not emailed or mailed, and are only able to be retrieved through the domain manager system. We charge $5 if you would like us to mail you your invoice (within NZ only). If you would like us to mail you an invoice, please add $5 onto the domain registration/renewal price, and email us to let us know.
(xvi) The domain registration/renewal fee does not cover any other services, such as website hosting, domain/email direction, web design and programming fees etc.
(xvii) We are not obligated to provide any form of domain management system with your domain name. We do however provide a domain management system to some of our domain registration clients as a courtesy, and we reserve the right to restrict access to it at anytime, and without notice. Clients who do not have access to a domain management system will need to contact us to make any changes, and additional fees may apply depending on the changes required.
(xviii) If you are also signing up to a web hosting account, at the same time as registering a domain, the account owner and contact details of the web hosting account will also be applied to the domain registration.
(xix) As a domain registrant, you are also bound by all of the conditions below.
(xx)Although we do our best to ensure that the prices stated on our websites are accurate, errors may occur from time to time. Sometime pricing errors are due to issues with our upstream providers own systems. Where a pricing error occurs, we will not be bound by the incorrect pricing stated, and reserve the right to cancel your order.
(xxi) With domain renewal payments, if a client has more than one domain name, and there isn't adequate references to identify the domain to be renewed with their payment, or the payment is not referenced with any transaction ID, then the domain that is closest to expiring first will be the domain that we will renew first.
(xxii) Should a client make an overpayment for a domain registration or renewal which is being processed and referenced with a transaction ID, then that overpayment will be added to the clients account as credit to use in the future. It will not be used to topup the registration/renewal of any domain for any additional period, at the time the transaction ID is processed. Clients should inform us when they want to use the credit for in the future, if they do still have credit with us from a domain name overpayment.

Please read this agreement below in its entirety. All users of our service will be bound by this agreement.

1. The Registrar's Obligations

We agree that we will:

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 information;
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 and billing);
1.4 process any new .nz domain name registrations with the registry within 24 hours from the time we receive all the information required and payment, to complete a registration if it is within our advertised business hours of 9am - 5pm Monday-Friday.
1.5 notify you of the registration of your domain name(s), including the details of: the domain name, your 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 endeavors to deal with any complaints you may have about the services we provide for you.

2. The Registrant's Obligations

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 secure;
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

When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:

3.1 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 addresses/details of the
name servers for it, and our name.
3.2 the domain name is registered in your name only because no other person has it according to the records of the register; and
3.3 neither we nor anybody else is representing anything else to anybody regarding that 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
3.4 that 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 direct.

4. Register is the Record

For all purposes the details shown in the register shall be treated as correct and the authoritative record.

5. Payment of Fees

5.1 You agree to pay for the services we provide for you.
5.2 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 transfer.
5.3 We may alter our fees from time to time without notice.
5.4 Our usual fees are for domain name registration and renewal. We may also charge for any other services provided to you by us, including any programming or configuration requirements outside of the scope of standard registration, change of name holder etc. We will tell you before any additional charge is incurred.
5.5 We reserve the right to charge specific clients, who only source domain registration services from us, an Annual Domain Name Administration Fee on top of the normal domain registration fee. This additional fee DOES NOT apply for those clients who we also supply other services to, eg Website Hosting and /or Email services. This Annual Domain Name Administration Fee will be $53.33 + GST per year, and will usually be payable at the time of domain registration or renewal, and will provide users with free forwarding options. This Annual Domain Name Administration Fee will be invoiced separately from Domain Registration/Renewal and web site hosting.
5.6 Our prices are stated in New Zealand dollars and exclude GST.
5.7 If you do not pay our charges for a domain name that we register or renew for you, we may refer any such amounts owed by you to a debt collection agency and you shall be responsible for payment of all charges that may be incurred in the recovery of such unpaid amounts; or cancel your domain, providing you with 14 days prior notice to cancellation.
5.8 Interest may be charged on any amount owing after the Due Date at the rate of 5% per month or part month. Interest will accrue from the Due Date to date of actual payment. Interest on unpaid accounts is compounded monthly. In the case of accounts that are more than two months overdue, an administration fee of $22.95 + GST may be charged.
5.9 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.
5.10 Your domain name application, renewal application, or registrar transfer request will not be submitted to the registry unless we receive actual payment of the registration, renewal, or transfer fee, or reasonable assurance of payment of the registration, renewal, or transfer fee from some other entity (such reasonable assurance as determined by Lounge Network in its sole discretion). In any case, we may in our sole discretion register or renew a domain name for a period less than that for which you may have applied pending receipt of cleared funds from you for such services. Subsequent to the receipt of cleared funds we will amend the register so that the registration or renewal is for the full term.

6. Suspension And Refusal To Supply Services

If you do not pay our charges for a domain name registered to you we may:
- cancel registration of that domain name; or
- refuse to provide a service you request.

7. 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.

8. 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 :

8.1 InternetNZ, the registry and any other entity we are in any business relationship with;
8.2 every officer, employee, contractor, agent of us or any entity in clause 8.1;
8.3 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.

9. Limitation of our Liability

We have excluded all other liability we or any of the persons specified in clause 8 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 8 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.

10. 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 14 says otherwise.

To the extent legally permitted:

10.1 all our services are provided under New Zealand law;
10.2 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;
10.3 except as otherwise stated, you may take action against us only in a New Zealand court;
10.4 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 from you.

11. Cancelling the Agreement

11.1 We may cancel or suspend this agreement by giving you one month's notice if you do not meet your duties to us.
We may end the agreement for any other reason by giving you one month's notice.

12. 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 ourselves that you have permitted those persons to act for you.

13. 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 8 cannot rely on any clause, all other clauses of it are binding.

14. 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 - 10, 12 - 13, and this clause 14.

All prices exclude GST unless otherwise stated. Errors and omissions excepted.
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