Terms and Conditions

We provide our services to you subject to the following notices, terms and conditions. In addition, when you use any service from "ACSData PTY Limited" you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service.

The terms of trade set out below govern all of the supplies of Products from ACSData PTY Limited ("ACSData PTY Limited", "ACS Data", "ACS", "we", "us") to the customer ("you"). They will replace any terms and conditions contained in any document used by you and purporting to have contractual effect, and your acceptance of any Products from ACSData PTY Limited indicates your acceptance of these terms of trade.

Core Terms of Trade

1. General
1.1 In these conditions, "Software" includes all relevant documentation, manuals, printed and written matter; "Supplier" means ACSData PTY Limited's suppliers; "Products" means computer hardware, peripherals, accessories, Software and other goods or services of any kind which are supplied by ACSData PTY Limited to you primarily for resupply by you; "Website" means any Internet website owned and operated by ACSData PTY Limited.
1.2 Where you purchase any Products presented on http://www.acsdata.com.au ("Website") or otherwise use the Website, the Website trading terms shall apply. In the event of any conflict between these terms of trade and the Website trading terms, these terms of trade shall prevail. Where you acquire goods or services supplied by other parties through the Website or through links on the Website, you do so on the condition that ACSData PTY Limited is not liable to you in any way for those goods or services. For our website Terms and Conditions of Trade, please refer to http://www.acsdata.com.au/terms-and-conditions.html
2. Price and Orders
2.1 Prices may be altered without notice.
2.2 ACSData PTY Limited reserves the right to refuse to accept any order or any part of an order, and to deliver goods by installments, in which case each installment will comprise a separate contract and shall be paid for as if it were a separate order.
3. Risk and Delivery
3.1 You are responsible for insurance and risk in the Products from the time they are received by a carrier for delivery to you or collected by you or your agent.
You agree to pay all delivery costs.
3.2 All claims for shortage or damage during delivery must be made to the carrier within 7 days of the date of delivery. Where goods appear to be damaged or missing you must contact the carrier and us immediately.
3.3 ACSData PTY Limited will make every effort to ensure delivery of Products, or performance of services, is on time, but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance. Delay in delivery or performance shall not entitle you to cancel any order.
3.4 Where you ask us to deliver goods directly to another person, that person takes possession of the goods for you as your agent, but you are still directly responsible to us under these terms of trade.
4. Payment
4.1 Unless we have agreed to extend credit to you, you must pay in cash or by credit card before supply.
4.2 Where we have agreed in writing to extend credit to you, you must pay in full within 7 days of supply, or (only if we have agreed in writing) by the 20th of the month following the date printed on the invoice. Your payment is made only when funds have fully cleared through the banking system into our bank account.
4.3 We have sole discretion to determine the amount of credit we will extend to you at any time.
4.4 You agree to pay for the Products in full without deduction or setoff and to pay goods and services tax and any other government duties, levies or taxes in respect of the Products.
4.5 If payment is not made in full by the due date, we are entitled to charge you interest on the unpaid overdue balance at the rate of 5% per annum above the current overdraft rate charged by our bankers, compounding monthly on the unpaid balance owing on the first day of each month until payment in full is received by us, and we may charge you costs (including collection costs and legal costs on a solicitor-client basis) and suspend delivery of further Products or performance of further services until the account is paid.
4.6 Notwithstanding clauses 4.2 and 4.3 above, all payments shall immediately become due to us if you refuse to accept delivery of any Products, if we reasonably believe that the information which you have given us in your application for credit is incorrect or no longer correct and you have failed to give us correct information satisfactory to us within 5 days of our request, if you sell or otherwise dispose of any goods which have not been paid for without our consent, if you become insolvent, commit any act of bankruptcy, if a receiver, liquidator or statutory manager is appointed over any of your assets or undertaking, if you make or attempt to make an arrangement or composition with creditors, or if you fail to comply with any of the provisions of clause 6.
5. Retention of Title and Risk
5.1 With the exception of Software which is subject to license (where it is not intended that title should ever pass to you, but shall remain in ACSData PTY Limited as principal or as agent for the software licensor), property and ownership in Products, whether in their original form or incorporated in or attached to another product will not pass to you but will remain with us until we receive payment in full of the purchase price of the Products and all other amounts that you owe to us for any reason.
5.2 Until property passes to you, you shall hold any Products in trust as fiduciary bailee for us and/or the software licensor, and store them in a manner to enable them to be identified and cross referenced to particular invoices.
5.3 Where ACSData PTY Limited reasonably believes you are or will be in breach of any part of clauses 4, 5 or 6 of these terms of trade, ACSData PTY Limited or its agent may without notice enter any premises under your control to remove any Products which are the property of ACSData PTY Limited, whether or not those Products are installed in or attached to any other goods, using such force as is necessary, and without prejudice to any other of ACSData PTY Limited's rights. You indemnify ACSData PTY Limited against all costs and claims in respect of its exercise of rights under this clause 5.
6. Security Interests
6.1 You agree that you will do all acts necessary and provide us on request all information we require to register a financing statement over the Products or their proceeds, and that you will advise us immediately in writing of any changes to that information. You waive all rights to receive a copy of any verification statement of a financing statement.
6.2 You agree that you will supply us, within 2 business days of our written request, with copies of all security interests registered over your personal property, and you authorise us as your agent to request information from any secured party relating to any security interest which is held in any personal property which is or has been in your possession or control.
6.3 You agree that we may require you to pay all reasonable costs, including legal costs on a solicitor- client basis, associated with the discharge or amendment of any financing statement registered by us, whether or not the change was initiated by you.
6.4 If we repossess goods under this agreement, we may retain those goods or dispose of them without notice or statement of account to you or any other person, and, after deducting reasonable costs of sale, we may credit any surplus by way of set-off against any sums owing to us. We will not be obliged to resupply any repossessed inventory.
6.5 You authorise us to search the Personal Property Securities Register at any time for any information about you or (if you are a company) your parent or associated companies.
7. Returns
You acknowledge and agree that returns shall only be accepted by us in accordance with our returns policy as notified to you from time to time, and that you may receive a credit for goods returned only if we have consented in writing.
8. Warranties
8.1 Goods are subject to the manufacturers' warranties only. We will pass on the benefit of those warranties to you, without being directly liable to you under any warranty.
8.2 Where goods are subject to a return to base warranty, you are responsible for returning them to us or the manufacturer (as provided by the warranty) and you may be responsible for additional costs including (but not limited to) freight.
8.3 Any warranty may be voided by damage to or misuse of the system, problems caused by the use or misuse of software, negligent installation or operation, inadequate packaging, cleaning or maintenance, unauthorised repairs, modifications or the addition of incompatible hardware.
9. Obligations to Suppliers
We may impose certain conditions on you from time to time where our suppliers require us to do so.
10. Compliance with Applicable Australian Laws
You warrant that all technology, technical information and technical data received directly or indirectly by you from ACSData PTY Limited under these terms of trade is intended solely for the use of you and your customers. All "Strategic Goods" (as defined in the Australian Department of Foreign Affairs and Trade Strategic Goods List) of such technology, technical information and technical data are intended solely for the use of you and your customers within such countries as are not forbidden or restricted now or hereafter by Australian law; and those Strategic Goods shall not be exported except in strict compliance with all Australian Department of Foreign Affairs and Trade export controls and all other applicable Australian laws, as now or hereafter exist. ACSData PTY Limited expressly reserves the right to refuse any order which, in ACSData PTY Limited's sole judgement is or may be a violation of such laws on the part of you or your customers.
11. Limitation of Liability
11.1 If you do not use the products for business purposes you have rights under the Consumer Guarantees Act and this section does not limit those rights, however if you use the products for business purposes then you agree that that Act does not apply to the products we provide you.
11.2 ACSData PTY Limited's maximum liability to you shall be limited to the value of any Products or services supplied, and ACSData PTY Limited and its employees, contractors and agents, any manufacturers of the Products or any of their materials or components and any licensors of Software or suppliers of services, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises. This exclusion of liability includes, but is not limited to, costs (including costs of returning Products to ACSData PTY Limited or to any manufacturer or licensor), consequential loss, loss of profits and damage caused by or arising from delays in manufacturing or delivery, faulty or delayed installation, unreasonable use, negligence (including a failure to do something which should have been done or to prevent something from happening), faulty specifications and design, and faulty materials, components, manufacture, compilation, or assembly of the Products.
11.3 We will not be liable to you for any losses caused by events beyond our reasonable control. We will not be required to settle a strike or lockout or other industrial disturbance against our wishes in order to benefit from this clause.
12. Your Further Obligations
You indemnify us against all costs (including legal costs on a solicitor and own client basis) expenses, losses, damages or claims arising in any way as a result of your failure to comply with any part of these terms of trade.
13. Intellectual Property and Confidentiality
13.1 All intellectual property shall remain the property of ACSData PTY Limited or any Supplier entitled to it, and neither ACSData PTY Limited nor its Suppliers transfer any right, title or interest in the intellectual property to you.
13.2 You must not use any trade marks which are the property of ACSData PTY Limited or its Suppliers, or any similar words or marks, or any combination of words which includes any of those trade marks or any similar words or marks, except to the extent authorised by ACSData PTY Limited in writing.
13.3 You agree to dispatch the Products only under the trade marks under which they are supplied by ACSData PTY Limited, and under no circumstances shall you apply any of the trade marks to any product which is not a genuine branded product supplied to you by ACSData PTY Limited.
13.4 You will not cause or permit anything which may interfere with, damage or endanger the trade marks or other intellectual property rights of ACSData PTY Limited or its Suppliers, or assist or allow others to do so.
13.5 You must advise ACSData PTY Limited immediately when you become aware of any unauthorised use or attempted use by any person of the trade marks or other intellectual property rights of ACSData PTY Limited or its Suppliers.
13.6 You may not register a business name incorporating the words "ACSData PTY Limited".
13.7 If your account with ACSData PTY Limited is terminated, you must immediately discontinue use of any of the trade marks which are the property of ACSData PTY Limited in any sign, or advertising and thereafter you shall not use those trade marks directly or indirectly in connection with your business.
13.8 You agree to ensure that all Confidential Information given by ACSData PTY Limited to you is made available to your employees only on the basis that those employees at all times maintain strict confidentiality.
13.9 This clause 13 shall survive the termination of the Agreement.
14. General
14.1 ACSData PTY Limited reserves the right to change these terms of trade from time to time.
14.2 If ACSData PTY Limited fails to enforce any terms or to exercise its rights under these terms of trade at any time, ACSData PTY Limited has not waived those rights.
14.3 If any provision of these terms of trade is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms of trade.
14.4 This agreement is governed by the laws of Australia and any dispute under it shall be subject to the exclusive jurisdiction of the Courts of Australia.

Internet Services

1. Provision of Service
1.1 We endeavor to provide uninterrupted access to the Service however as we rely on third party networks for transport we cannot guarantee that you will be able to access the Service.
1.2 In the event of an interruption in the Services that is caused by a fault in our equipment, we will take all reasonable measures to restore the Services as soon as possible. We are not responsible for fixing faults that occur because of faults in your equipment or because you have used the Services incorrectly or because of any other event beyond our reasonable control, including, but not limited to, problems with the internet.
2. Restrictions on Use
You must not to use our service in any way to:
2.1 Infringe on the legal rights of a person (such as copyrights).
2.2 Send unsolicited commercial advertising by, but not limited to, email, usenet, instant messaging or internet relay chat.
2.3 Cause damage to or attempt to gain unauthorized access to any computer systems.
2.4 Harass or defame a person.
2.5 Collect and or distribute any material for which is unlawful to possess in Australia.
You must ensure that:
2.6 That anyone else who uses the Services complies with, these terms and conditions for ACSData PTY Limited customers and such system operating procedures, instructions and acceptable use requirements as we may notify you of from time to time.
2.7 Your use of the Services does not interfere with or disrupt the ACSData PTY Limited network.
3. Limitation of Liability
3.1 If you do not use our service for business purposes you have rights under the Consumer Guarantees Act and this section does not limit those rights, however if you use our services for business purposes then you agree that that Act does not apply to the services we provide you.
3.2 ACSData PTY Limited disclaims all conditions and warranties (statutory, express or implied), including, without limitation the implied warranties as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of our service or that our service will be uninterrupted, error free, reliable and secure.
3.3 Notwithstanding any other provision contained in this Agreement, you agree to indemnify us, and keep us indemnified, against all loss, damage or expense resulting from any claim made against us by any third party as a direct result of your use of our services.
3.4 To the extent that the law allows us to do so, we exclude all other liability to you in connection with our provision of services to you.
4. Cancellation of Service
4.1 We can cancel this Agreement immediately if you do not meet your obligations under this agreement or if you are abusive to our staff. We may also suspend or restrict your ability to use our services without cancelling this Agreement if our reasonable assessment determines you have not met your obligations under this Agreement.
4.2 Otherwise we will cancel this Agreement by giving you 60 days notice in writing to either the email or postal address you have supplied us.
4.3 After the expiry of any specified minimum term of contract, or where there is no minimum term of contract, you may cancel this Agreement by giving 60 days notice to us via fax, post or by sending an email message to [email protected] The effective date of cancellation will be the last day in the then current month.
4.4 On termination of this Agreement none of your obligations or our rights prior to termination shall be affected. Any of these terms that are intended to apply after termination will continue to apply.
5. Payment
5.1 You agree to pay for the Services we provide for you.
5.2 Our prices are stated in Australian dollars and are advertised excluding GST unless otherwise stated..
5.3 Payment is due within 7 days of the date printed on the invoice.

Domain Registration

1. Obligations of the Registrar
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 48 hours from the time we receive all the information required to complete a registration if it is within our advertised business hours of 9:00am to 5:30pm Monday to Friday, and otherwise within 72 hours;
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 endeavours to deal with any complaints you may have about the services we provide for you.
2. Obligations of the Registrant
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 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
3.1 Operation of the .nz domain 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 the register).
3.2 By entering into this agreement, you consent to providing us with the following personal information ("personal information"):
3.2.i name;
3.2.ii email;
3.2.iii address;
3.2.iv country; and
3.2.v phone number.
3.3 While you have the right to withdraw your consent to providing us with your personal information, without this personal information we cannot perform our obligations under this agreement (including registering and maintaining a domain name for you) because:
3.3.i the personal information is necessary in order for your domain name to be recorded on the .nz register;
3.3.ii we need to be able to contact you in relation to the administration of the domain name; and
3.3.iii we are required by .nz policies to collect your personal information;
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:
3.5.i the domain name is registered in your name only because no other person has it according to the records of the register; and
3.5.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
3.5.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 direct.
4. Register and registry
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 ("registry").
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 ("historical personal information"). 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. DNC
5.1 DNC is the entity which regulates the .nz domain name market space.
5.2 DNC provides a domain name registration data query service ("Query Service")(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 DNCL's website. Subject to the Individual Registrant Privacy Option ("IRPO") referred to in clause 5.7 below, in response to a Query, registrants' 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 significantly undermined.
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 DNC'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 ("Withheld Data"). 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 circumstances:
5.8.i 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 Procedures policy);
5.8.ii 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);
5.8.iii 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).
5.9To 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 transfer.
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 effect.
6.4 Our usual fees are for processing your application, and yearly renewal fees. We will tell you before any additional charge is incurred.
6.5 Our prices are stated in Australian dollars and are advertised excluding GST.
6.6 Payment is due within 7 days of the date printed on the invoice.
7. Suspension and Refusal to Supply Services
If you do not pay our charges for a domain name registered to you we may:
7.i cancel registration of that domain name; or
7.ii 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 relationship with.
9.2 every officer, employee, contractor, agent of us or any entity in clause 9.1.
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 Australian 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 an Australian 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 from you.
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 month's notice.
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.
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 clauses 2, 4 - 11, 13 - 14, and this clause 15.