Spot Names Terms & Conditions

Last Revised: 25/01/2025

This Terms & Conditions (this “Agreement”) is entered into by and between Spot Names and you and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance.

The terms “we”, “us” or “our” shall refer to Spot Names (ABN 45 499 464 242). The terms “you”, “your”, “User” or “Customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Your electronic acceptance of this Agreement, or by accessing and using the Spot Names Store or ordering, accessing or using any Products or Services, signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with Spot Names’ Website Terms of Service and Privacy Policy which are incorporated herein by reference.

Modification of Agreement, Site or Services

Spot Names, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Spot Names website (this “Site”). Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site.

Fees and Payments

  1. Applicable fees for the purchase or registration of a domain names or services are set out on the Site and are inclusive of GST. The applicable fees must be paid in full and any identification or authorisation documents requested shall be provided to the Spot Names at the time of submitting the domain name registration or domain purchase, as the case may be.
  2. We reserve the right to not process a domain name registration or transfer of legal ownership until all applicable fees have been paid, the funds cleared and any requested identification or authorisation documents have been received by us.
  3. All payments of fees for the Services provided by us shall be made in Australian dollars.
  4. Confirmation of your order will be sent to the email address on file for your Account.
  5. You acknowledge and agree that the Fees and pricing information included in any Order Document is commercial-in-confidence and you will not disclose this information to any person without our consent.

Price Changes

  1. We reserve the right to change our prices and fees at any time, and such changes shall either be posted online at this Site and effective immediately without need for further notice to you or notice shall be provided to you by email.

Payment Methods

  1. Bank Transfer: Unless agreed, purchases above $2000 AUD must be paid by bank transfer to our nominated bank account as provided on your invoice. You agree to pay all amounts due within 7 days of the invoice date. All amounts are non-refundable unless otherwise noted in the Refund Policy.
  2. PayPal: Unless agreed, purchases below $2000 AUD can be paid utilising our PayPal account provided at checkout. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in our Refund Policy.
  3. Credit Cards: Unless agreed, purchases below $2000 AUD can be paid by credit card at checkout. You agree to pay all amounts due within 7 days of the invoice date. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy.

Payment Gateway Providers

  1. We use third-party payment gateway providers (the Gateway Provider) for online payment card transactions made via our Site and for payment of invoices via a payment card online or by phone. By ordering a Product or Service or paying a Spot Names issued invoice online or by phone, the Customer acknowledges the following:
    1. The Customer will be directed to a Gateway Provider to make payment through a Payment Method.
    2. The Customer’s payment card details are submitted to the Gateway Provider and cannot be viewed by Spot Names.
    3. We will receive certain information about the Customer from the Gateway Provider including payment card details (in a hashed format) and the Customer’s name and IP address to enable us to provide Products and Services to the Customer.
    4. We cannot guarantee the performance or availability of any Gateway Provider.

Chargebacks and Disputes

  1. Once the domain name has been transferred to you via our registrar (and either you, your company or business, or your nominee shows as Registrant on the official WhoIs record); you agree not to initiate any chargeback via PayPal or your credit card provider; or have any claim against us whatsoever. This also applies if you transfer the domain to your own registrar with different registrant details.

Refund Policy

  1. Products and Services available for refunds are described in our Refund Policy.

Change of Registrant

  1. We will initiate a Change of Registrant (“CoR”) within 1 Business Day, on receipt of cleared funds into our nominated banking facility.
  2. You consent to receiving emails regarding the Change of Registrant and will need to click through to a landing page to confirm your details as the new registrant.
  3. You agree that by submitting a Change of Registrant request, you represent and warrant that all information provided to transfer the domain name (including all supporting documents, if any) is true, complete and correct, and is not misleading in any way, and the application is made in good faith.
  4. You agree that you meet all eligibility requirements to hold the domain license as per the auDA Licensing Rules available through the auDA website (http://www.auda.org.au).
  5. Upon completion of the Change of Registrant transaction, you will assume all management of the domain name. You agree to release, indemnify and hold Spot Names harmless for any issues that arise as a result of an improper change of registrant, whether intentionally or unintentionally initiated.
  6. You agree that on completion of the Change of Registrant, you will transfer the domain to a Registrar of your choice within ninety (90) days and agree to release, indemnify and hold Spot Names harmless for any issues that arise in a failure to do so.

Privacy and Security

  1. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be updated by us from time to time. By placing an order, registering for an Account or otherwise contacting us, you agree and acknowledge that your personal information will be collected, used, disclosed and held in accordance with our Privacy Policy.
  2. This Site uses industry standard SSL 256-bit encryption technology, to provide a secure environment for its transactions with our customers and the authorisation of credit card transactions over the Internet.

Limitation of Liability

Under no circumstances will we, our parent or subsidiaries, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, or any of our content providers be liable to you (or any third party making claims through you) for any loss or damage of any kind, whether direct, indirect, special, incidental, exemplary, punitive or consequential damages, including loss of revenue or profits, lost data, loss of value of equipment, death, personal injury or property damage related to or in connection with your use of, or the inability to use, this Site and content, any information or materials on this Site, any goods or services purchased or obtained or messages received or transactions entered into through our Site, or any websites linked to this Site.

We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us. We do not participate in any way in the transactions between our users.

Indemnity

  1. You agree to protect, defend, indemnify and hold harmless Spot Names and our parent, subsidiaries, affiliates, and their officers, directors, employees, consultants and agents, to the full extent permitted by law, from and against any loss, damage, liability, cost or expense of any kind, including legal fees, that we may incur in connection with a third party claim or otherwise, arising from or in connection to your use of our Site. This includes, without limitation, an infringement by the user, or any other users of its account, of any intellectual property rights of a person or an entity and also your use of the Site to provide a link to another site or to upload content or other information to the Site.

Force Majeure

  1. Neither party shall be liable for the failure to perform any of its obligations under this Agreement, except for payment obligations, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, failure of transport, accidents, riots, insurrections, acts of God or orders of governmental agencies.
  2. The obligations under this Agreement of the party giving the notice are suspended to the extent to which they are affected by the relevant Force Majeure Event as long as the Force Majeure Event continues.

Inconsistent Terms

  1. The parties agree that the terms and conditions of this Agreement shall prevail over any contrary or additional terms in any purchase order (unless agreed to in writing by both parties), sales acknowledgment, confirmation or any other document issued by either party.

Governing Law

  1. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
  2. If any part of the Agreement is determined to be invalid, illegal or unenforceable, that part will be modified to render it enforceable to the fullest extent possible and the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement as expressed herein.

Definitions

  • “Account” means a registered account with Spot Names for the purpose of this Agreement.
  • “Account User” means a Customer or Authorised user, who has created an Account.
  • “Agreement” means these Terms and Conditions and any Order Document or Order Summary (as applicable).
  • “auDA” means .au Domain Administration Limited ACN 079 009 340
  • “Authorised User” means an individual natural person end user who holds an Account and is authorised by a Customer to access (including to view) or use the Products or Services that have been ordered by the Customer.
  • “Business Day” means any day other than a Saturday, Sunday or bank or public holiday in Victoria.
  • “Consumer” means a ‘Consumer’ as defined in the Competition and Consumer Act 2010 (Cth).
  • “Customer” means a person or organisation who orders Products or Services from Spot Names or uses the Spot Names Store.
  • “Fee” means the amount payable by the Customer for a Product or Service.
  • “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
  • “Gateway Provider” has the meaning given in clause 10.
  • “GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • “Order Document” means, in respect of bespoke or customised Products or Services, a document that sets out the commercial and other terms of the Customer’s purchase of the Products and/or Services.
  • “Order Summary” means a summary of the Customer’s purchase of Products and/or Services ordered through the Spot Names Store via the self-service checkout.
  • “Payment Method” means a valid and acceptable method of payment to the Gateway Provider.
  • “Person” or “person” includes any individual, corporation or other legally recognised entity.
  • “Privacy Policy” means Spot Names’ Privacy Policy available through the Spot Names’ home page.
  • “Product” means any item offered for sale by Spot Names including Domain Names, Digital Products and Non-Digital Products.

Contact Information

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

Spot Names
PO Box 707
Drysdale
Victoria 3222
Australia

legal@spotnames.com.au