1. Definitions

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

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

1.3. “eTicket” refers to a secure electronic message sent by the Customer to Intercomm Networking via VIPControl for 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 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.

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, 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, SSL, VPS and SMS services. These product(s) and service(s) are identified in full within the “sign up” and “service provision” emails Intercomm Networking has sent after the Customer requests the service. The specific details of the Services can be found by logging in to VIPControl or on our website.

1.6. “Synergy Wholesale” means Synergy Wholesale Pty Ltd.

1.7. “Intercomm Networking” means Intercomm Networking.

1.8. “VIPControl” refers to Intercomm Networking’s customer account, billing and management portal, available online at https://vip.ventraip.com.au

2. Acceptance

2.1. The Customer signified acceptance of our Terms of Service,as well as our Acceptable Use Policy, Privacy Policy, Customer Service Policy and any applicable Registrant Agreement, when they submitted their order to Intercomm Networking 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 directly relating to the Service(s) provided, as well as marketing and promotional emails from Intercomm Networking to the email address registered to their account. The Customer can unsubscribe from marketing and promotional emails only.

3.2. The Customer may opt-in to 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 the Customer through VIPControl and are disabled by default.

3.3. 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 VIPControl.

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 at any time by disabling them in VIPControl.

4. Availability of Services

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

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

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

5. Domain Names

5.1. The Customer acknowledges that whilst Intercomm Networking is an ICANN and auDA ISS accredited Registrar, any domain name registration, transfer or renewal will be processed through Synergy Wholesale.

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

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

5.4. Intercomm Networking 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 Intercomm Networking that the Domain Name(s) have been successfully registered and the Customer has verified the registration through public WHOIS lookup.

5.5. 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.

5.6. The Customer waives any right to make claim against Intercomm Networking 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 Intercomm Networking is not obligated to renew a Domain Name if the Customer has;

a. not confirmed to Intercomm Networking 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, Intercomm Networking will not be held liable by the Customer for any loss or damages. All renewal requests must be submitted via VIPControl and it is the Customer's responsibility to confirm that the renewal request has been successfully processed in full.

5.8. Domain Name registration, renewal or transfer may be declined by Intercomm Networking if the Customer is in breach of the Terms of Service, Acceptable Use Policy, Customer Service Policy or any applicable Registrant Agreement, or the customer 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, Intercomm Networking 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 Intercomm Networking, but does not transfer a Domain Name to another registrar, the Customer agrees that Intercomm Networking 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 Intercomm Networking 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.

5.12. 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.

6. Customer General Warranties and Undertaking

6.1. The Customer warrants that any information supplied to Intercomm Networking is true and correct and will be kept current and up to date via VIPControl.

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 Intercomm Networking, 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. Intercomm Networking General Warranties and Undertaking

7.1. Intercomm Networking 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. Intercomm Networking 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 Intercomm Networking, 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. Intercomm Networking 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 Intercomm Networking system.