Terms of Service Agreement

These terms of service (“Terms”, “Service” “Agreement”) are an agreement between Root Layer Technologies (“Root Layer Technologies”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms of service for your use of the rootlayertechnologies.com.au website and any of its products or services (collectively, “Website” or “Services”).

Definitions

“Customer” means the person or entity who ordered the services provided by Root Layer Technologies.

“Corporate Account Holder” (CAH) means an account opened and held by a registered business.

“Customer Service” means the relationship between Root Layer Technologies Staff and the Customer, with the purpose of assisting the Customer to answer a question they have asked.

“Ticket” refers to a secure communication sent by the Customer to Root Layer Technologies via email or the My Australian Portal for any assistance or any questions they have relating to services or services provided to the customer by Root Layer Technologies.

“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 in regards to a top level domain name. A Registry may outsource some, all, or none of these services. Different registries exist for different TLDs.

“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, the provisioning of space on one of our servers and a connection to and from the internet for web, email hosting and/or FTP services to function at the level specified in the chosen service level, domain name registration or transfer or renewal, of SSL, VPS and SMS services. These product(s) and service(s) are identified in full within the “sign up” and “service provision” emails Root Layer Technologies has sent after the Customer requests the service. The specific details of the Services can be found by logging in to My Australian Portal or on our website.

“Root Layer Technologies” means Root Layer Technologies.

“My Australian Networks” means My Australian Networks or MyAusNetworks.

“My Australian Domains” means My Australian Domains or MyAusDomains.

“My Australian Portal” means My Australian Portal or MyAusPortal.

Acceptance

The customer signified acceptance of our Terms and Conditions and Terms of Service as well as our Acceptable Usage Policy, Privacy Policy and all other terms, conditions, policies, and legal documents as set forth and made available at https://www.rootlayertechnologies.com.au/legal. All documents on this site are considered lawful and the Customer enters into a binding agreement when a purchase is made, a contract is signed and agreed upon or when visiting this site.

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 any files and applications that have been uploaded and executed.

The Customer also acknowledges and takes complete responsibility for any breaches to this agreement and understands the possibility of legal action, and accepts the full cost of any legal fees pursuant to the cost, repair or damages of this agreement.

Communication

The Customer agrees to receive emails directly relating to the Service(s) provided, as well as marketing and promotional emails from Root Layer Technologies to the email address registered to their account. The Customer can unsubscribe from marketing and promotional emails only via their MyAusPortal.

The Customer will receive email and SMS notifications from our Service Status system in relation to their Service(s). This subscription can be modified at any time by contacting Technical Support through the MyAusPortal.

Customers with eligible services may receive service specific notifications (including, but not limited to suspension notices, resource usage notices and other notices relating to the service(s)) via SMS to their mobile device if a mobile number is present in the MyAusPortal.

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 this policy. The Customer may, however, opt-out from receiving marketing and promotional emails as well as SMS messages at any time by disabling them in their MyAusPortal. SMS messages for service-specific notifications may be disabled, however, service-specific notifications via email are mandatory and can not be disabled.

Availability of services

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

Scheduled maintenance will be performed at a time which is deemed suitable by Root Layer Technologies, and should it require any Services to be offline for greater than thirty (30) minutes, Root Layer Technologies will post details of the scheduled maintenance at least two (2) days prior.

Unscheduled maintenance will be performed as required by Root Layer Technologies, and should any Service(s) be offline for greater than thirty (30) minutes, Root Layer Technologies will post details of the maintenance and any updates until it has been completed. Details of these events can been found at http://status.rootlayertechnologies.com.au. If you wish to receive notices by email and/or SMS, please subscribe to service status notifications.

Domain Names

The Customer acknowledges that any domain name registration, transfer or renewal will be processed through My Australian Domains.

The Customer acknowledges that they have read, and agree to any applicable Registrant Agreement before purchasing any Domain Name(s) from Root Layer Technologies.

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

Root Layer Technologies does not warrant or guarantee that a Domain Name registration will be approved by the Registry, irrespective of whether the invoice for the Domain Name(s) has been paid. The Customer should take no action in respect of the requested Domain Name(s) until they have been notified by Root Layer Technologies that the Domain Name(s) have been successfully registered and the Customer has verified the registration through public WHOIS lookup.

The registration and on-going 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.

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

The Customer acknowledges that Root Layer Technologies is not obligated to renew a Domain Name if the Customer has;

a. not confirmed to Root Layer Technologies that the domain name is to be renewed, or
b. the invoice for renewal has 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 license.

In these circumstances, Root Layer Technologies will not be held liable by the Customer for any loss or damages. All renewal requests must be submitted via the Customer(s) MyAusPortal and it is the Customer’s sole responsibility to confirm that the renewal request has been successfully processed in full. The Customer can contact [email protected] or call on 07 3810 2560 to confirm their domains(s) have been registered, transferred, renewed or de-registered.

Domain Name registration, renewal or transfer may be declined by Root Layer Technologies if the Customer is in breach of the Terms of Service, Terms of Use, Acceptable Use Policy, or any applicable Registrant Agreement, or the customer has other unpaid invoices in their Account.

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, Root Layer Technologies will use the Registrant contact information to advise the Customer of any pending expiry, renewal or transfer requests relating to the domain name.

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

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

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

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will send you an email to notify you. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Contact us

If you have any questions about this Agreement, please contact us.

Phone: (07) 3180 2560
Email: [email protected]

This document was last updated on February 6, 2019