Terms of Service

Last Updated: 28/02/2025

1. Definitions

1.1. “Customer” means the person or entity who ordered services provided by Intaserve.

1.2. “Customer Service” means the relationship between Intaserve staff and the Customer, with the purpose of assisting the Customer with a question they have asked.

1.3. A “Ticket” refers to a secure electronic message sent by the Customer to Intaserve from within the Intaserve Account when in need of assistance or for any questions they may have with any Service(s).

1.4. “Registry” refers to person(s) or entity(ies) responsible for providing registry services. These services include customer database administration, zone file publication, DNS and DNSSEC operation, marketing and policy determination regarding a top-level domain name. A Registry may outsource some, all, or none of these services. Different registries exist for different TLDs.

1.5. " Service, " Service (s), or " Services " means any product (s) or service (s) the Customer has signed up to use. This can include but is not limited to, access to the Intaserve Dashboard, Domain Name Registrations, Transfers, Renewals, SSL Certificates, and Brand Protection measures. The specific details of the Services can be found by logging in to the Intaserve Dashboard.

1.6. “You” or “your” refers to the person or entity who ordered services provided by Instaserve.

 

2. Acceptance

2.1. The Customer signified acceptance of our Terms of Service and any applicable Registrant Agreement when they submitted their order to Intaserve for Services, and that order was accepted.

2.2. The Customer acknowledges that they are solely responsible for ensuring that all Service(s) are in full compliance with this policy and that they are solely responsible for the files and applications that have been uploaded and executed.

 

3. Communication

3.1. The Customer agrees to receive emails and/or SMS messages directly relating to the Service(s) provided, as well as marketing and promotional emails and/or SMS messages from Intaserve to the email address and/or telephone number registered to their account. The Customer can unsubscribe from marketing and promotional emails and/or SMS messages only.

3.2. Customers with eligible services may receive service-specific notifications (including, but not limited to, suspension notices) via SMS to their mobile device if a mobile number is present in their Intaserve Account.

3.4. If the Customer does not want to receive these mandatory service-specific emails and/or SMS messages (where applicable), they are required to cancel all active Services and close their Account, in accordance with Section 11 of this policy. The Customer may, however, opt-out from receiving marketing and promotional emails and/or SMS at any time by disabling them in their Intaserve Account.

4. Availability of Services

4.1. While Intaserve will endeavour to provide continuous availability of all Service(s) to the Customer, Intaserve will not be liable for any Service interruptions or downtime not covered by a Service Level Agreement (where applicable).

4.2. Any required scheduled maintenance will be performed at a time deemed suitable by Intaserve. Should it require any Services to be offline for more than thirty (30) minutes, Intaserve will post details of the scheduled maintenance at least two (2) days prior.

4.3. Unscheduled maintenance will be performed as required by Intaserve, and should any Service(s) be offline for greater than thirty (30) minutes, Intaserve will post details of the maintenance and any updates until it has been completed.

 

5. Domain Names

5.1. The Customer acknowledges that any domain name registration, transfer or renewal will be processed through Synergy Wholesale Accreditations Pty Ltd.

5.2. The Customer acknowledges that they have read and agree to any applicable Registrant Agreement before purchasing any Domain Name(s) from Intaserve.

5.3. The Customer acknowledges that all Domain Name(s) are non-refundable once the order has been accepted and processed by Intaserve.

5.4. Intaserve does not warrant or guarantee that a Domain Name registration, transfer or renewal will be approved by the Registry, irrespective of whether the invoice associated with the Domain Name(s) has been paid. The Customer should take no action regarding the requested Domain Name(s) until Intaserve has notified them that the Domain Name(s) have been successfully processed and the Customer has verified the action through public WHOIS lookup.

5.5. The registration and ongoing use of the Domain Name(s) are subject to the relevant naming authority’s terms of service and any applicable Registrant Agreement. The Customer is responsible for ensuring awareness of these terms and that they are adhered to.

5.6. The Customer waives any right to make a claim against Intaserve in respect to a decision made by any Registry or Regulatory Body to refuse registration, renewal, transfer or continued use of a Domain Name.

5.7. The Customer acknowledges that Intaserve is not obligated to renew a Domain Name if the Customer has;

a. not confirmed to Intaserve that the domain name is to be renewed, or

b. any outstanding invoices have not been paid in full, or

c. it is determined that the Customer does not satisfy the eligibility criteria to continue holding the Domain Name licence.

In these circumstances, Intaserve will not be held liable by the Customer for any loss or damages. All renewal requests must be submitted via the Intaserve Account, and it is the Customer’s responsibility to confirm that the renewal has been successfully processed in full.

5.8. Intaserve may decline Domain Name registration, renewal, or transfer if the Customer is in breach of the Terms of Service or any applicable Registrant Agreement or has other unpaid invoices in their Account.

5.9. It is the Customer’s responsibility to ensure that the Registrant, Technical and Administrative contact information is kept up to date on every domain name. As per registry-registrar policy and agreements, Intaserve will use the Registrant contact information to advise the Customer of any pending expiry, renewal or transfer requests relating to the domain name.

5.10. Should the Customer choose to terminate all Service(s) with Intaserve but does not transfer a Domain Name to another registrar, the Customer agrees that Intaserve may contact the Customer after the Account closure to advise of any domain name expiry, renewal or transfer request.

5.11. The Customer warrants that Intaserve is authorised to act as the Designated Agent to approve any changes made to registrant contact details on behalf of the old or new registrant for any generic top-level domains governed by ICANN.

5.12. The Customer acknowledges that Enabling ‘ID protection’ on any generic top-level domain governed by ICANN is not considered a material change to the registrant data given that, as per ICANN requirements, the Registrar holds all original registrant data.

5.13. The customer acknowledges that Intaserve will reset all Domain Transfer EPP Passwords upon successful completion of any inbound transfer.

5.14. Customers may choose to apply for a .au direct domain name using a driver's licence, passport or medicare card to verify their Australian presence. If a customer chooses to supply eligibility information using one of these methods, all information is submitted via a secure web form and the data is securely transmitted to the Document Verification Service (DVS) for validation. At no point do we store the data entered into the form, we’re only advised if the validation check passes or fails.

5.15. The Customer acknowledges that each individual validation check to DVS referred to in Section 5.14 costs $1.00 AUD.

5.16. The Customer acknowledges that in the event where a refund is required for a domain name licence cannot be issued because we were unable to validate the customers eligibility information we will deduct any fees incurred for each DVS validation check.

5.17. In the event where a Customer chooses to verify their eligibility for a direct .au domain name using a drivers licence, passport or medicare card, the Customer warrants they are authorised to provide any personal information presented and consents to that information being checked with the document issuer or official record holder via a third party system.

6. Customer General Warranties and Undertaking

6.1. The Customer warrants that any information supplied to Intaserve is true and correct and will be kept current and up to date via their Intaserve Account.

6.2. The Customer warrants that they will keep all passwords and sensitive information in a secure location, and this information is not shared with any other party.

6.3. The Customer warrants that at the time of entering into this agreement they are not relying on any representation made by Intaserve, its staff, agents or affiliates, which has not been expressly stated in this agreement.

6.4. The Customer agrees that they are solely responsible for dealing with cases of unauthorised third parties accessing their Account and/or Service(s). These matters should be referred to the Australian Federal Police for investigation as soon as possible.

 

7. Intaserve General Warranties and Undertaking

7.1. Intaserve shall not be liable to the Customer for harm caused by or related to the Customer’s Service(s) or inability to utilise the Service(s) unless caused by gross negligence or wilful misconduct.

7.2. Intaserve shall not be liable to the Customer for lost profits, direct or indirect, special or incidental, consequential or punitive; or damages of any kind whether or not they were known or should have been known.

7.3. Notwithstanding anything else in this agreement, the maximum aggregate liability that Intaserve, any of its employees, agents or affiliates, under any theory of law, shall not exceed a payment in excess of the amount paid by the Customer for the Service in question for the six months prior to the occurrence of the event(s) giving rise to the claim.

7.4. Intaserve does not warrant that:

a. Any Service(s) provided will be uninterrupted or error-free;

b. The Service(s) will meet your requirements other than as expressly set out in this agreement;

c. The Service(s) will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, or other persons gaining unauthorised access to the Service(s) or any Intaserve system.

7.5. Intaserve does not make or give any express or implied warranties, including, without limitation, the warranties of merchantability or fitness for a particular purpose or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement.

7.6. In no event will Intaserve be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

 

8. Accounts and Billing

8.1. The Customer agrees to a month-to-month contract term for Service(s) unless otherwise stated in the Service offering or otherwise agreed in writing. The month-to-month contract for Service(s) is automatically renewed each month in perpetuity, subject to cancellation by the Customer.

8.2. Monthly Service(s) are established as part thereof, signifying the beginning of a new month denotes commitment till the end of that monthly period.

8.3. In relation to fees for Service(s):

a. Fees for Service(s) ordered by the Customer shall begin on the date of the initial order.

b. The 1st day of the next Calendar month for Service(s) will serve as the anniversary date for all future billings, including one-time fees, upgrades, additional services, cancellations, and service credits.

d. Fees for domain names with automatic renewals enabled will be added to the next monthly generated invoice.

 

9. Payments by Credit Card

9.1. If an invoice is generated and the Customer makes payment via credit card, this credit card information may be stored against the Customer’s Account. It may be used for future automatic invoice payments.

9.2. Where a credit card number is stored on the Customer’s Account, this may be automatically used for the payment of due invoices. In such cases, payments will typically be taken three (3) days prior to the due date of the invoice.

 

11. Refunds

11.1. The following Service(s) are not eligible for a refund if the Service has been successfully provisioned by one of Intaserve’s suppliers:

a. Domain names;

b. SSL certificates.

11.4. The Customer will not be entitled to a refund if any of Intaserve’s Terms, Policies and Agreements have been breached by the Customer.

11.5. All other refunds will be processed at the sole discretion of Intaserve , in-line with the Australian Competition & Consumer Commission’s published policies and guidelines. More information can be found at http://www.accc.gov.au/consumers/consumer-rights-guarantees.

 

12. Cancellation

12.1. The Customer can request cancellation of their Account or any Service(s) for any reason by logging in to their Intaserve Account and submitting a cancellation request. For security reasons, we will not accept cancellation requests by any other method.

12.3. The Customer agrees to pay any outstanding invoices upon cancellation of their Service(s).

 

13. Suspension and Termination of Service(s)

13.1. Intaserve may suspend or terminate Service(s) if:

a. The Customer is found to be in breach of any policy, including but not limited to the Terms of Services, Customer Service Policy or any applicable Registrant Agreement;

b. The Customer has become insolvent or bankrupt;

c. The Customer has unpaid invoices.

13.2. Intaserve may decide at its sole discretion to advise a Customer that their Account and/or Service(s) will be terminated by giving fourteen (14) days written notice.

13.3. If a Customer’s Account is closed for any reason, or any Service(s) suspended or terminated, the Customer must pay all outstanding invoices by the due dates..

 

14. Data Management

14.1. It is the Customer’s sole responsibility to maintain regular offsite backups of their data. The Customer will not hold Intaserve liable for incomplete, out of date or corrupt data recovered from backups and archives.

14.5. Intaserve is under no obligation to maintain a backup of the Customer’s data following the suspension or cancellation of the Service for any reason.

 

15. Use of Identity

15.1. The Customer agrees that the use of any Intaserve logo or company information is within approved marketing guidelines.

15.2. Intaserve agrees not to use a Customer name, logos or information without prior written consent of the Customer.

16. Governing Law

16.1. The Customer agrees to abide by all local, state and federal laws pursuant to the Service(s) delivered by Intaserve.

16.2. The Customer agrees that these and all Intaserve Terms, Policies and Agreements are governed by the laws of Victoria, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.

 

17. Changes

17.1. Intaserve may amend our Terms of Service at any time. Changes to this agreement will become effective upon their publication to our website.

17.2. Continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Services) in line with our cancellation policy found within our Terms of Service.

If you have any questions about this agreement, please contact our Team via email at support@intaserve.au