Domain Names
We are an official reseller of Distribute IT Domain Name Services. By registering domain names through Osc Works you agree and are bound by the following agreements, aswell as the Osc Works terms and conditions below.
Registration Agreement
.au Eligibility and Allocation Rules
Dispute Policy
AuDA Web Site
Domain name terms and conditions
Osc Works will hereby be referred to as "we", us", "our". The customer will be referred to as "customer", "you" or "I". A domain name is a product/service Osc Works provides.
1. Account Setup
a. Eligibility. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended customers or customer's users. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our services.
b. We are self serve provider. We will setup your account after payment has been received & cleared, and our payment partner(s) have screened your order in case of fraud. You may be requested to provide proof of your identity and payment. If paying by credit card, we may require you to fax a copy of the front and back used to make payment of the card to +61 3 62 495537 (if requested by our accounts department) before your account is activated. If this information is not provided, we reserve the right to terminate all services on your account without refund. Please provide us with an email address which is not at the domain you are signing up under.
c. It is not possible to assign products and services across separate accounts once ordered. Duplicate accounts can be merged into one account.
d. Only the authorised person listed on the account, entered at signup will have access to the account, and they will be referred to as the 'primary account holder'. The primary account holder will be issued with an email address and password which is required to access My Account for billing and technical support. You are required to login before we engage your account. Requests received from your account once logged in, will be deemed to have come from the primary account holder. Please ensure you never give out your login details to anyone. Osc Works may also verify your identity by asking security questions, as required by the privacy laws in Australia. The client agrees to provide this information before assistance can be provided to them. The primary account holder also agreeds to keep their contact information up to date at all times.
e. If you wish to change the legal ownership of a whole account (and all products and services under it) there is a $99.95 charge for the administration work involved. To facilitate the transfer, the primary account holder needs to fax Osc Works a signed letter which includes their full name, email address, full address, date of birth, domain name and/or products listed on their account, along with the new registrant details: Full name, full address, email address, date of birth. Please allow 5 working days for a transfer of legal ownership on the account. Changing the legal ownership of an account does not include updating the legal registrant information for a .au domain name. It is not possible to assign individual products and services to new accounts. If this is required, the old products and services must be cancelled and reopened on a new account.
There is an administration fee of $49.95 to change the ownership of a domain
name.
f. All domains will auto-renew regardless of account settings. If the domain invoice is paid, the domain will renew. If you no longer require a domain name, you will need to follow our cancellation procedure below.
g. Domain names are usually invoiced 30 days prior to their expiry and will be renewed on the invoice due date (once payment has been received and applied to the invoice). The auto-renew feature in My Account is not used. Instead, every domain is invoiced. If you do not wish to renew your domain, please submit a request to remove it from your account several business days prior to the renewal, so that you are not rebilled for the domain. If you do wish to renew your domain names, please make payment on the invoice(s).
h. You will be charged the same price for your domain name renewal as when you signed up. The pricing is locked in by our billing system.
2. Support
a. You have read and understood and are bound by our Support Policy. Our support policy outlines our support procedure, free support and extended support, as well as types of support we offer and their use.
b. If the customer is experiencing difficulties or issues with your hosting, you are required to notify us of the issue immediately, so we may resolve the issue. If you do not notify us of the problem, no allowances will be made, as we have not been given a reasonable opportunity to resolve the issue. We are an Internet Presence Provider (IPP) and are not responsible for the users Internet Connectivity through their Internet Service Provider (ISP), connection troubleshooting or computer setup. Please contact your ISP for assistance in these matters.
3. Payment
a. The customer agrees to supply full payment for the services received from us, on or before the time period during which such services are provided. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. If you want to cancel your account, you must follow our official cancellation procedure.
b. Osc Works reserves the right to change the advertised price on products and services and any other charges at anytime. Existing customers will be notified prior to any change in their billing cycle charges.
d. All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of us.
e. Your account will not be created or work performed until funds have been received in full as cleared funds. It is your responsibility to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services. If you have made an over payment on your account and require a refund, you will receive a refund, minus a $5.00 administration charge, to cover our bank fees and company administration.
f. We reserve the right to change and refuse payment methods to clients at our sole discretion. If payment is not received 14 days after the invoice due date, we reserve the right to charge a late payment fee of $15.00 and suspend your account.
g. Dishonoured cheques
(and failed credit card transactions see (i) below) will attract an administration charge of $30.00.
h. If you submit a domain registration or transfer order via another company, as well as submitting the same registration or transfer to Osc Works, you will be charged a $10.00 administration fee when requesting a refund. You must allow us an opportunity to fulfil the submitted order.
PayPal payments
g. If you have signed up using PayPal subscription, your paypal account will be rebilled on the due date of future invoices. Our system generates and emails you an electronic invoice when your domain is due for renewal.
Credit Card payments
h. If you have signed up using credit card, your credit card will be rebilled on the due date of future invoices. Our system generates an electronic invoice 7 days prior to your domain renewal date.
i .Please ensure sufficient funds are available on the due date. If rebilling fails due to insufficient funds in credit card account, we reserve the right to add $1.00 per failed transaction to your account, to cover our transaction fees.
You will also be charged a $5 administration charge per failed transaction. We also reserve the right to change your billing method from automatic credit card payments to manual payments, where the user is required to login and make payment.
j. You understand and agree that you have obtained the credit card owner's permission to use the credit card to purchase our products and services and they are aware, accept and agree that the transaction is taking place on their card.
k. If a charge back is requested where services have been provided and/or you have not followed our cancellation procedure, a $50.00 administration fee applies per chargeback request.
l. If a charge back is requested where services have been provided and/or you have not followed our cancellation procedure, a $50.00 administration fee applies per chargeback request.
m. Unfortunately, we do not accept customers from countries at
high risk of credit card fraud. These include Indonesia, Russia, Ukraine,
Indonesia, Yugoslavia, Lithuania, Egypt, Romania, Bulgaria, Mexico, Turkey,
Russia, Pakistan, Malaysia, and Israel. If orders are processed by our automated
system they will be cancelled and the accounts suspended.
4. Suspension
a. We reserve the right to suspend your account if you have an outstanding invoice or account or if your account is in dispute. If your invoice or account remains unpaid
after 24 hours, or until the dispute is resolved, we reserve the right to cancel or suspend your entire account(s) and all products and services under it. If you account has been suspended or cancelled, no further support resources will be provided by us in relation to products and services on your account, including domain names, web hosting, ssl certificates until the account has been paid in full.
b. Your information will then be passed onto a collections agency for debt recovery, if for 60 days your account remains unpaid.
c. We reserve the right to suspend your account at any time for breaching our terms and conditions, for intiating in activities which may reduce the security of other web sites on our servers, or where Osc Works has been given misleading or false information regarding the type of web site to be hosted or the customer information provided has been inaccurate or false.
d. We may investigate to recover any outstanding debts.
5. Cancellation
a. Osc Works reserves the right to cancel your account at any time. If your account has been terminated or suspended for breaching our terms and conditions, non-payment or where a formal complaint is received, no refunds will be given. We also reserve the right to cancel your account where funds have not been received.
b. Any proof of misleading, giving false information, abuse, swearing, extortion, harassment, improper conduct, abuse, swearing, attempting to damage relations reputation or goodwill of Osc Works or attempting to damage relations of its employees, third party providers, wholesaler providers will lead to automatic cancellation of your account without refund. Your agree you will not damage relations, reputation or goodwill with Osc Works current, future and prospective clients. This can be by email, live chat, forums, web sites, telephone and may include threatening, attempting to damage business relations or reputation, providing incorrect information, extortion, harassment, improper conduct, abuse, swearing, publishing and distribution of any communication between you, employees, third party providers or wholesaler providers, or other unlawful activities. We also reserve the right to seek and claim damages and losses.
c. If you have paid for a year's access and received a free domain name, the domain name remains with the property of the registered owner.
d. In the event that you choose to transfer your domain name away from Osc Works you are required to submit a ticket to "Service Removal" advising us as such. Failure to do so will incur a charge of AUD$15.00 to administrate your account. Should a refund be required, you may be liable for further charges.
e. How to cancel your account: To cancel your account or products and services on your account, please login to My Account (found in the top menubar of our homepage) and submit a ticket to the "Service Removal" department. We require you fill out this form per our terms and conditions. Other requests to cancel your account are not considered official and our you will be redirected to the cancellation form to finalise your cancellation request. Please ensure your account is paid in full, otherwise the cancellation will not be successful. You must provide a minimum of 7 days notice prior to your domain renewal date if you do not wish your product/service to renew.
f. Once you have cancelled your account, no further support resources will be provided by our staff in relation to products and services on your account, including domain names, web hosting, ssl, etc. We will not engage your account in any way once your account has been cancelled.
g. No refunds or credit will be given if you cancel your account or downgrade to a lower package. If you downgrade to a lower package a $15.00 charge applies. If you have a credit on your account and refunded, a $5.00 administration charge applies.
h. Hosting, Domain names, SSL certificates, Site Studio and account add-ons are non-refundable.
i. If you have cancelled your hosting account with Osc Works and would like to reactivate your account, a $20.00 administration fee will apply to cover the admin time involved in recreating your account and update our billing system.
j. If your account remains unpaid for a period of 14 days or more, we reserve the right to terminate your account.
k. Osc Works does not provide refunds for repeat failed transfers due to the administration time we have spent on your transfer.
l. If you have registered a .au domain name and you do not meet the registration requirements, you will be charged a $10.00 administration charge to alter or refund the domain order.
6. Transfers
from another company
a. Our transfer procedure . You agree to follow the step outlined steps when initiating a domain name transfer, otherwise Osc Works will not transfer your domain name.
7.
Domain name renewal
a. After the initial registration registration you will be charged the renewal cost at the current domain registration rate. This offer is only valid for new customers. You will be required to pay 1 year in advance on your selected package to qualify for a free domain name. Transfers of domain names are not part of this offer.
8. Price Change
a. We reserve the right to change prices listed on Osc Works Web Hosting. Existing customers will be notified by email before any price changes are implemented to their account. It is your responsibility to ensure your email address listed in our billing system is functional and working and can accept email from us.
b. You will be charged the same price as the initial domain registration/transfer for subsequent years of the domain name registration with Osc Works.
9. Indemnification
a. Customer agrees that it shall defend, indemnify, save and hold Osc Works harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Osc Works, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Osc Works against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Osc Works; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Osc Works server, (5) failure to adhere to domain name registration rules for .com.au and .net.au domains prior to their sale with respect to eligibility for domain name ownership.
b. By placing a order, we do not guarantee the registration, transfer or renewal of the domain name to you. We make no guarantees about the availability of domain names for registration or transfer, even if the domain name shows as available via our online order form.
10. Disclaimer
a. Osc Works will not be responsible for any damages your business may suffer. Osc Works makes no warranties of any kind, expressed or implied for services we provide. Osc Works disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Osc Works and its employees.
11. Changes to the Terms and Conditions
a. Osc Works reserves the right to revise its policies from time to time without notice to you. By continued use of our services, you agree to and are bound by the updated terms and conditions, that can be accessed on our web site at any time.
12. Governing law
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Australia and the State of Victoria, as if the Agreement was a contract wholly entered into and wholly performed within the State of Victoria. You agree that any action to enforce this Agreement or any matter relating to your use of the Services shall be brought exclusively in the Australian Court for the South Eastern district of Victoria, or if there is no jurisdiction in such court, then in a state court in Melbourne, Victoria. You consent to the personal and subject matter jurisdiction of any state or Federal court in Melbourne, Victoria in relation to any dispute arising under this Agreement. You agree that service of process on you by either the Primary Service Provider or Backend Service Provider in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your contact information or by electronically transmitting a true copy of the papers to the email address listed by you in your contact information
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