Terms of Service
Pacific Domains is your trusted one-stop-shop for your business online presence. Offering services that cover the design and construction of new websites, advice on how to make existing websites more effective, updating and refreshing content and managing hosting, domain name and email services. In short, we take the pain out of your approach to the internet so you can focus on what you do best - providing your customers with the products or services you specialise in.
With over ten years experience in delivering Pacific Domains with websites that work as hard as our team does, lead consultant Matt Forrester is ideally placed to act as your company's online marketing guru. Backed by a team of talented freelance professionals in the fields of graphic design and SEO (Search Engine Optimisation) copywriting, Pacific Domains delivers fresh, engaging websites that are easy for visitors to navigate and that ensure you are well placed to hold your own against the competition.
Details of Conditions
These terms and conditions were last updated 1/05/2018
We recommend you read all terms and conditions.
Please note that the following terms are across all our services, if you are not sure and would like to discuss which terms apply to you and your purchased service, please call Pacific Domains on (07) 3708 3282.
Fees & Payment
The fees are to be paid up front unless otherwise agreed. The fee shall be agreed between the client and a Pacific Domains representative. Pacific Domains shall invoice the client for the services via a full GST receipt.
To enable Pacific Domains to perform its obligations under the Agreement at point of sale. Must be co-operate with Pacific Domains, provide Pacific Domains with any information reasonably required to complete the actions from the point of sale, deal with Pacific Domains staff in reasonable, professional and non-abusive manner.
The Client shall be liable to compensate Pacific Domains for any expenses incurred by Pacific Domains as a result of the Client’s failure to comply.
Without prejudice to any other rights to which Pacific Domains may be entitled, in the event that the Client willingly terminates or cancels the services agreed to in the Service Specification, the Client shall be required to pay Pacific Domains as agreed, not as a penalty, the full amount of any costs Pacific Domains see fit and fair. For the avoidance of doubt, the Client’s failure to comply with any obligations under these terms and conditions shall be deemed to be a cancellation of the services and subject to the payment of the damages and/or costs incurred.
In the event that the Client or any third party, not relevant to Pacific Domains, shall omit or commit anything which prevents or delays Pacific Domains from undertaking or complying with any of its obligations under the point of sale Agreement, then Pacific Domains shall have no liability in respect of any delay to the completion of any project.
Pacific Domains shall notify the Client at the same time if it intends to make any claim for additional costs.
Alteratons To The Service
Both parties may at any time mutually agree upon and execute new Service Specifications. Any alterations in the scope of services to be provided under this Agreement shall be set out in the Service Specification, which shall reflect the changed services and fees and any other terms agreed between the parties.
The Client may at any time request alterations to the Service Specification by notice in writing or email to Pacific Domains. On receipt of the request for alterations Pacific Domains shall, within 5 working days or such other period as may be agreed between the parties, advise the Client by notice in writing of the effect of such alterations, if any, on the fees and any other terms already agreed between the parties.
Registration Of Domain Name
The client agrees that all domain names carry a minimum of twelve months contractual bond on payment of fees, agreed by both parties.
The client agrees that all domain names are registered under the property of Pacific Domains until all contractual fees have been paid in full or unless otherwise stated. On full payment the ownership of the domains will become the property of the client and to stay in the name of Pacific Domains until otherwise requested.
The client acknowledges that the registration of the domain name will be dependent on the terms and conditions of various naming authorities/registration agents.
The client agrees that Pacific Domains are not held accountable for errors made on the part of the naming authorities/registration agents.
Pacific Domains guarantee that should the naming authorities/registration agents alter, the clients will be notified immediately.
The client acknowledges that they cannot cancel any domain names once registered. On completion of payment, ownership of the domain names will be granted to the client.
The client understands that on completion of the contract, there is a hosting fee paid annually. If this fee, or any other fees are not received by Pacific Domains, the client understands that they may have their service suspended until payment has been made in full.
In the event of the domain name becoming unavailable during the registration and authorisation period, Pacific Domains will propose a new domain name for registration. The new domain name will not affect the present contractual agreements made and the client agrees that they are still subject to the same fees and charges.
Renewal Of Domain Registration
Pacific Domains assures the client that the best endeavours will be made to renew all domain names automatically after the initial registration period; however the client acknowledges that Pacific Domains will not be held accountable for the failure to do so. The client agrees that prior to the renewal of any domain names, the annual renewal fee will be made payable to Pacific Domains.
The client understands that they will be informed about the renewal date a minimum 30 days in advance by writing or by email.
The client agrees that neglect to pay any annual or outstanding fees will defer the registration / renewal of any domain names. This action will not yield any refunds. The client agrees that they are to provide 60 days notice before the cancellation of any domain names. Neglect to provide this notice will result in the continuous process of the domain re-registration and consequent payment to take place.
The client understands that Pacific Domains are not responsible for any materials lost due to clients neglect to pay renewal domain registration.
As stated above should the domain become ineffective, Pacific Domains shall provide and register a new domain name, with no refunds given.
Clients may transfer any domain names to a different Internet Service Provider (ISP) if they have provided at least 60 days notice before the next renewal payment and if their account has been settled. The client agrees that neglect to provide this notice will result in the payment of the renewal fee and a release fee.
Transfer Of A Domain Name
The client acknowledges that should they request Pacific Domains to host an existing domain name, they are fully responsible for the transfer to the server on the day or after the start of any agreements made are responsible for any fees paid to other parties involved in connection to the transfer. In order to affect the transfer the client shall request his/her existing ISP or any other relevant third party:
The client acknowledges that Pacific Domains will not be held accountable for any obstructions in the transfer of the domain name by any third parties and that all fees should be paid according to the agreement signed.
The client acknowledges that Pacific Domains has the capability to hinder the release of any domain names, should the client be in breach of any agreements or payments, or if the contractual period has not yet expired.
The client agrees that they are fully responsible for the transfer of the website. Pacific Domains will not be held accountable for the transfer of any existing sites hosted within the appropriate domain names.
The client acknowledges that there will be a release fee for submitting transfer request form. This is sometimes demanded by an ISP and is not the responsibility of Pacific Domains but paid to Pacific Domains.
The client agrees that should an ISP deny the release of a domain name, Pacific Domains are not held accountable and are not permitted to interfere with the ordeal. Should Pacific Domains choose to intervene, the client understands that there will be a domain name handling fee. This fee is not refundable should the transfer still be unsuccessful.
ISP shall mean Internet Service Provider
IPS shall mean Internet Protocol Service
DNS shall mean Domain Name Server
TLD shall mean Top Level Domain
FTP shall mean File Transfer Protocol
SEO shall mean Search Engine Optimisation