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Registry-Registrar Agreement
Afilias Australia Pty Ltd
This Registry-Registrar Agreement (the “
Agreement”), dated as of the Effective Date set out in Part C
of Exhibit 1, is made and entered into by and between Afilias Australia Pty Ltd (ACN 623 428 384) of
Suite 4, Level 35, 360 Elizabeth Street, Melbourne, Victoria, 3000, a company formed under the laws
of Australia (“
Registry Operator”), and the entity named in Part A of Exhibit 1 (“
Registrar”). Registry
Operator and Registrar may be referred to individually as a “Party” and collectively as the “Parties.”
WHEREAS, Registry Operator recognised by Namespace Authority (defined below) as the provider of
services facilitating Internet domain name registrations in the Authorised Namespaces (defined below);
WHEREAS, multiple registrars will provide Internet domain name registration services within the
Authorised Namespaces; and
WHEREAS, Registrar wishes to receive Registry Services (defined below) in the Registry TLDs
(defined below).
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained
herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which
are hereby acknowledged, Registry Operator and Registrar, intending to be legally bound, hereby agree
as follows:
1. DEFINITIONS AND INTERPRETATION
Other terms used in this Agreement as defined terms shall have the meanings ascribed to them in the
context in which they are defined.
1.1 “ADC” has the meaning given to that term in Subsection 8.1.
1.2 “Agreement” means this agreement and its exhibits.
1.3 “
APIs” are the application program interfaces by which Registrar may interact, through the
EPP, with the Registry System.
1.4 “
Commencement Date” means the date named as such in Part C of Exhibit 1.
1.5 “
Confidential Information” means all information and materials, including, without
limitation, computer software, data, information, intellectual property, databases, protocols,
reference implementation and documentation, financial information, statistics and
functional and interface specifications, provided by the Disclosing Party to the Receiving
Party under this Agreement and marked or otherwise identified as Confidential, provided
that if a communication is oral, the Disclosing Party will notify the Receiving Party in writing,
including by email, within 15 days of the disclosure that it is confidential.
1.6 “
Authorised Namespaces” means those namespaces listed in Exhibit 2, as may be
updated from time to time by notice from Registry Operator.
1.7 “
DNS” means the Internet domain name system.
1.8 “Disclosing Party” has the meaning given to that term in Subsection 5.1.
1.9 “
Domain Name Licence” means the licence or agreement to use a domain name in the
Authorised Namespace for a specified period of time.
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1.10 “Effective Date” means the date named as such in Part C of Exhibit 1.
1.11 “
EPP” means the Extensible Provisioning Protocol (together with relevant extensions, if
any), which is the protocol used by the Registry System.
1.12 “Fees” has the meaning given to that term in Subsection 4.1.
1.13 “Force Majeure Event” has the meaning given to that term in Subsection 10.5.
1.14 “Government Authority” has the meaning given to that term in Exhibit 3.
1.15 “GST” has the meaning given to that term in Subsection 4.6.
1.16 “GST Law” has the meaning given to that term in Subsection 4.6.
1.17 “ICANN” has the meaning given to that term in Exhibit 3.
1.18 “
Namespace Authority” means each entity named as such in Exhibit 2 and, in relation to
a particular namespace, the entity listed as such for that namespace in Exhibit 2.
1.19 “Other Services” has the meaning given to that term in Subsection 4.1.1.4.
1.20 “Payment Security” has the meaning given to that term in Subsection 4.2.
1.21 “
Personal Data” refers to data about any identified or identifiable natural living person.
1.22 “Previous Registry Operator” has the meaning given to that term in Subsection 7.1.
1.23 “Previous RRA” had the meaning given to that term in Subsection 7.1.
1.24 “Privacy Laws” has the meaning given to that term in Exhibit 3.
1.25 “Receiving Party” has the meaning given to that term in Subsection 5.1.
1.26 “
Registered Name” refers to a domain name within the domain of a Registry TLD, whether
consisting of two or more (e.g., john.smith.TLD) levels, about which Registry Operator or
an affiliate engaged in providing Registry Services maintains data in a Registry Database,
arranges for such maintenance, or derives revenue from such maintenance. A name in a
Registry Database may be a Registered Name even though it does not appear in a TLD
zone file (e.g., a registered but inactive name).
1.27 “
Registrant” means the holder of a Domain Name Licence.
1.28 “Registrar” has the meaning given to that term in the description of the parties to this
Agreement.
1.29 “
Registrar Tool Kit” comprises the EPP, APIs and Software.
1.30 “Registry” means the primary and secondary nameservers and WHOIS servers, a
database containing the Registry Data and a mechanism for accessing that data, in relation
to the Authorised Namespaces.
1.31 “
Registry Agreement” with respect to any Authorised Namespace means any agreement
or understanding between Registry Operator and the Namespace Authority, as such
agreement or understanding may have been or may be amended, restated or replaced
from time to time.
1.32 “Registry Data” means all data maintained in electronic form in the Registry, including
without limitation:
(a) Registrant contact information, or the contact information of a person who is the
applicant for a domain name in a Registry TLD;
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(b) technical and administrative contact information;
(c) WHOIS Data;
(d) all other data submitted by Registrars in electronic form; and
(e) other data concerning particular registrations or nameservers maintained in electronic
form in the Registry Database.
1.33 “
Registry Database” means a database comprised of data about one or more DNS domain
names within the domain of a Registry TLD that is used to generate either DNS resource
records that are published authoritatively or responses to domain name availability lookup
requests or Whois queries, for some or all of those names.
1.34 “Registry Operator” has the meaning given to that term in the description of the parties
to this Agreement.
1.35 “
Registry Services” means: (a) with respect to each Registry TLD, those services that are
both (i) operations of the Registry Operator critical to the following tasks: the receipt of data
from registrars concerning registrations of domain names and name servers; provision to
registrars of status information relating to the zone servers for the TLD; dissemination of
TLD zone files; operation of the Registry Operator zone servers; and dissemination of
contact and other information concerning domain name server registrations in the TLD as
required by this Agreement; and (ii) provided by Registry Operator for the Registry TLD as
of the Commencement Date; (b) other products or services that Registry Operator elects
to provide or is requested to provide under any applicable Registry Agreement; (c) any
other products or services that only a registry operator is capable of providing, by reason
of its designation as the registry operator; and (d) material changes to any Registry Service
within the scope of (a), (b) or (c) above.
1.36 “
Registry TLD” means those Authorised Namespaces for which the Registrar is accredited
by Registry Operator to act as registrar and is either: accredited by Namespace Authority
to act as a registrar; or authorised by Namespace Authority to process Registry Data on
behalf of registrants, as may be updated from time to time.
1.37 “
Registry System” means the system operated by Registry Operator for Registered
Names in the Authorised Namespaces.
1.38 “
Service Levels” means those service levels set out in Exhibit 5.
1.39 “
Service Level Credits” means those service level credits set out in Exhibit 6.
1.40 “
Software” means reference client software intended to allow Registrar to develop its
system to register domain names through the Registry System.
1.41 “SSL” has the meaning given to that term in Subsection 3.9.2.
1.42 “Step-in Operator” had the meaning given to that term in paragraph 9 of Part B, Exhibit
3.
1.43 “
Term” means the term of this Agreement, as set forth in Subsection 9.1.
1.44 “Tiered Pricing” has the meaning given to that term in Subsection 4.1.1.3.
1.45 “WHOIS” means the protocol used to provide a public information service in relation to
data in a registry, including any supervening protocol such as the Registration Data Access
Protocol (RDAP).
1.46 “WHOIS Data” means the data of the Authorised Namespaces which are made available
to the public through a WHOIS service provided by Registry Operator.
1.47 A “
TLD” means a top-level domain of the DNS.
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1.48. References. In this Agreement, unless the context requires otherwise, references to:
1.48.1 a “party” or “the
parties” is to a party or the parties to this Agreement;
1.48.2 a “clause”, “section” or “subsection” is to a clause, section or subsection to this
Agreement unless otherwise noted;
1.48.3 “persons” includes individuals, firms, partnerships, companies, corporations,
associations, organisations, foundations and trusts, governments, state or agency
of a state (whether or not having separate legal personality);
1.48.4 a statute or statutory provision includes any consolidation, re-enactment,
modification or replacement of the same, any statute or statutory provision of
which it is a consolidation, re-enactment or replacement of and any subordinate
legislation in force under any of the same from time to time;
1.48.5 the masculine, feminine and neuter gender respectively includes the other
genders, references to the singular include the plural (and vice versa) and
references to persons include firms, corporations and unincorporated
associations;
1.48.6 section headings and captions to the clauses and section in this Agreement are
for convenience of reference only and shall not be considered a part of or affect
the interpretation of this Agreement; and
1.48.7 general words, including those introduced by "other" shall not be given a
restrictive meaning by reason of the fact that they are preceded by words
indicating a particular class of acts, matters or things and in general words shall
not be given a restrictive meaning by reason of the fact that they are followed by
particular examples intended to be embraced by general words. Accordingly the
rule known as the ejusdem generis rule shall not apply to the interpretation of this
Agreement.
2. OBLIGATIONS OF REGISTRY OPERATOR
2.1 Access to Registry System. From the Commencement Date until the end of the Term,
Registry Operator shall operate the Registry System and, subject to:
2.1.1
Registrar’s compliance with its obligations in Part A of Exhibit 3;
2.1.2
Registrar’s compliance with its other obligations under this Agreement; and
2.1.3
Registry Operator’s rights to suspend or terminate the Registry Services under
this Agreement,
provide Registrar with access to the Registry System to transmit domain name registration
information for the Registry TLDs to the Registry System.
2.2 Maintenance of Registrations Sponsored by Registrar. Subject to the provisions of this
Agreement, Registry Operator shall maintain the registrations of Registered Names
sponsored by Registrar in the Registry System during the term for which Registrar has paid
the fees required by Subsection 4.1.
2.3 Provision of Tool Kit; License. Following the full execution of this Agreement, Registry
Operator shall provide to Registrar a copy of the Registrar Tool Kit, which shall provide
sufficient technical specifications to permit Registrar interface with the Registry System and
employ its features that are available to Registrar and other registrars. Subject to the terms
and conditions of this Agreement, Registry Operator hereby grants Registrar and Registrar
accepts a non-exclusive, non-transferable, worldwide limited license to use for the Term
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and purposes of this Agreement, all components owned by or licensed to Registry Operator
in and to the EPP, APIs, any reference client software and any other intellectual property
included in the Registrar Tool Kit, as well as updates and redesigns thereof, to provide
domain name registration services in the Registry TLDs only and for no other purpose.
2.4. Changes to System. Registry Operator may from time to time replace or make
modifications to the EPP, APIs, or Software or other materials licensed hereunder that will
modify, revise or augment the features of the Registry System. Registry Operator will
provide Registrar with at least ninety (90) days notice prior to the implementation of any
material changes to the EPP, APIs, Software or other materials licensed hereunder. In the
case of administrative or other non-material changes, Registry Operator shall provide
Registrar with at least forty-eight (48) hours prior notice. In the case of emergency changes,
including without limitation changes made in direct response to the detection of a material
security vulnerability, an imminent material failure, significant degradation of the Registry
System or other emergency, notice periods will not apply.
2.5 Engineering and Customer Service Support.
2.5.1 Engineering Support. Registry Operator agrees to provide Registrar with
reasonable engineering telephone support (24/7/365) to address engineering
issues arising in connection with Registrar's use of the Registry System.
2.5.2 Customer Service Support. During the Term of this Agreement, Registry
Operator will provide reasonable telephone and e-mail customer service support
to Registrar (but not to Registrants or prospective customers of Registrar), for non-
technical issues solely relating to the Registry System and its operation. Registry
Operator will provide Registrar with a telephone number and e-mail address for
such support during implementation of the EPP, APIs and Software. First-level
telephone support will be available on a 24/7/365 basis.
2.6 Handling of Personal Data. Registry Operator shall notify Registrar of the purposes for
which Personal Data submitted to Registry Operator by Registrar is collected and
processed, the intended recipients (or categories of recipients) of such Personal Data, and
the mechanism for access to and correction of such Personal Data. Registrar must ensure
that it has obtained all necessary consents in favour of Registry Operator (and, where
applicable, Namespace Authority) to enable it to use the Personal Data in the manner
contemplated by this Agreement. It is agreed that DNS name server data (whether Personal
Data or not) may be stored in or transmitted to a country that does not have data protection
standards which are the equivalent of those in Australia, including without limitation the
United States of America. Registry Operator shall take appropriate technical and
organizational security measures to protect Personal Data from loss, misuse, unauthorized
disclosure, alteration or destruction. Registry Operator shall not use or authorize the use of
Personal Data in a way that is incompatible with the notice provided to Registrar. It is agreed
that Registry Operator may from time to time use the demographic data collected for
statistical analysis, provided that this analysis will not disclose individual Personal Data and
provided that such use is compatible with the notice provided to Registrar regarding the
purpose and procedures for such use.
2.7 Namespace Authority Requirements. Registry Operator’s obligations hereunder are
subject to modification at any time as the result of the requirements of the Namespace
Authority for each Registry TLD. Notwithstanding anything in this Agreement to the
contrary, Registrar shall comply with any such requirements in accordance with the timeline
defined by Registry Operator.
2.8 Unavailable Domain Names. If requested by Registrar, Registry Operator will provide
Registrar with access to an SFTP server which will contain the following files which shall
be updated on a daily basis: (i) a list of all domain names in the Registry TLDs that are not
available to be registered, including, but not limited to, restricted and/or reserved domains
that have not been registered and (ii) a list of all domains that are priced differently than
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standard pricing for the Registry TLD, including price information needed to support
registration, renewal, redemption, and transfer transactions.
2.9 Service Levels and Service Level Credits. Where Registry Operator does not achieve
the Service Levels, subject to Subsections 6.4, 6.6 and 6.7, Registrar’s sole remedy will be
the payment of Service Level Credits by Registry Operator.
2.10 Licence to use Registry Operator Trade Marks. Subject to the terms and conditions of
this Agreement, Registry Operator hereby grants Registrar and Registrar accepts a non-
exclusive, non-transferable, worldwide limited license to use the Registry Operator trade
marks listed for use by registrars in the Registry Operator Trade Mark Usage Style Guide
(as published and updated by the Registry Operator from time to time) for the Term and
purposes of this Agreement and at all times consistent with such usage requirements as
listed in the Registry Operator Trade Mark Usage Style Guide.
2.11 Dealings with Registrars. Registry Operator will provide access to the Registry Services
to all registrars on an equitable and non-discriminatory basis.
3. OBLIGATIONS OF REGISTRAR
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4. FEES AND TAXES
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5. CONFIDENTIALITY AND INTELLECTUAL PROPERTY
5.1 Use of Confidential Information. During the Term of this Agreement, each party (the
“
Disclosing Party”) may disclose its Confidential Information to the other party (the
“
Receiving Party”). Each party's use and disclosure of the Confidential Information of the
other party shall be subject to the following terms and conditions:
5.1.1
The Receiving Party shall treat as strictly confidential, and use all reasonable
efforts to preserve the secrecy and confidentiality of, all Confidential Information
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of the Disclosing Party, including implementing reasonable physical security
measures and operating procedures.
5.1.2
The Receiving Party agrees that it will use any Confidential Information of the
Disclosing Party solely for the purpose of exercising its right or performing its
obligations under this Agreement and for no other purposes whatsoever.
5.1.3
The Receiving Party shall make no disclosures whatsoever of any Confidential
Information of the Disclosing Party to others; provided, however, that Registry
Operator may disclose confidential information to the Namespace Authority as is
required by the Namespace Authority or, if the Receiving Party is a corporation,
partnership, or similar entity, disclosure is permitted to the Receiving Party's
officers, employees, contractors and agents who have a demonstrable need to
know such Confidential Information, provided the Receiving Party shall advise
such personnel of the confidential nature of the Confidential Information and of
the procedures required to maintain the confidentiality thereof, and shall require
them to acknowledge in writing that they have read, understand, and agree to be
individually bound by the confidentiality terms of this Agreement.
5.1.4
The Receiving Party shall not modify or remove any confidentiality legends and/or
copyright notices appearing on any Confidential Information of the Disclosing
Party.
5.1.5
To the extent that the parties may validly agree, the Receiving Party agrees not to
prepare any derivative works based on the Confidential Information.
5.1.6
Notwithstanding the foregoing, this Subsection 5.1 imposes no obligation upon
the parties with respect to information that (i) is disclosed in the absence of a
confidentiality agreement and such disclosure was agreed to by the Disclosing
Party in writing prior to such disclosure; or (ii) is or has entered the public domain
through no fault of the Receiving Party; or (iii) is known by the Receiving Party
prior to the time of disclosure; or (iv) is independently developed by the Receiving
Party without use of the Confidential Information; or (v) is made generally
available by the Disclosing Party without restriction on disclosure, or (vi) is
required to be disclosed by law, regulation or court order; provided, that in the
event the Receiving Party is required by law, regulation or court order to disclose
any of Disclosing Party's Confidential Information, Receiving Party will promptly
notify Disclosing Party in writing prior to making any such disclosure in order to
facilitate Disclosing Party seeking a protective order or other appropriate remedy
from the proper authority, at the Disclosing Party's expense. Receiving Party
agrees to cooperate with Disclosing Party in seeking such order or other remedy.
Receiving Party further agrees that if Disclosing Party is not successful in
precluding the requesting legal body from requiring the disclosure of the
Confidential Information, it will furnish only that portion of the Confidential
Information which is legally required.
5.1.7
The Receiving Party's duties under this Subsection 5.1 shall expire two (2) years
after the expiration or termination of this Agreement or earlier, upon written
agreement of the parties.
5.2 Intellectual Property.
5.2.1
Subject to the licenses granted hereunder, each party will continue to
independently own its intellectual property, including all patents, trade marks,
trade names, service marks, copyrights, trade secrets, proprietary processes and
all other forms of intellectual property.
5.2.2
Without limiting the generality of the foregoing, no commercial use rights or any
licenses under any patent, patent application, copyright, trade mark, knowhow,
trade secret, or any other intellectual proprietary rights are granted by the
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Disclosing Party to the Receiving Party by this Agreement, or by any disclosure of
any Confidential Information to the Receiving Party under this Agreement.
6.
INDEMNITIES AND LIMITATION OF LIABILITY
6.1 Indemnification.
6.1.1 Indemnification by Registrar. Registrar will indemnify, defend and hold harmless
Registry Operator and its affiliate companies and subcontractors, and the
directors, officers, employees, representatives, agents and affiliates of each of
them, against any claim, suit, action, or other proceeding brought against any such
party(ies) based on or arising from any claim or alleged claim: (i) relating to or in
connection with a breach of this Agreement by Registrar; (ii) relating to any product
or service of Registrar; (iii) relating to any agreement, including Registrar's dispute
policy, with any Registrant or registrar; or (iv) relating to Registrar's domain name
registration business, including, but not limited to, Registrar's advertising, domain
name application process, systems and other processes, fees charged, billing
practices and customer service. Registry Operator shall provide Registrar with
notice of any such claim as soon as reasonably practicable after becoming aware
of same, and upon Registrar's written request, Registry Operator will provide to
Registrar all available information and assistance reasonably necessary for
Registrar to defend such claim, provided that Registrar reimburses Registry
Operator for Registry Operator’s actual and reasonable costs incurred in
connection with providing such information and assistance. Registrar will not enter
into any settlement or compromise of any such indemnifiable claim without
Registry Operator’s prior written consent, which consent shall not be unreasonably
withheld. Registrar will pay any and all costs, damages, and expenses, including,
but not limited to, reasonable attorneys' fees and costs awarded against or
otherwise incurred by Registry Operator in connection with or arising from any
such indemnifiable claim, suit, action or proceeding.
6.1.2 Indemnification by Registry Operator. Registry Operator will indemnify, defend
and hold harmless Registrar and its affiliate companies and subcontractors, and
the directors, officers, employees, representatives, agents and affiliates of each of
them, against any claim, suit, action, or other proceeding brought against any such
party(ies) based on or arising from any claim or alleged claim relating to Registry
Operator’s breach of its obligations under this Agreement. Registrar shall provide
Registry Operator with notice of any such claim as soon as reasonably practicable
after becoming aware of same, and upon Registry Operator’s written request,
Registrar will provide to Registry Operator all available information and assistance
reasonably necessary for Registry Operator to defend such claim, provided that
Registry Operator reimburses Registrar for Registrar’s actual and reasonable
costs incurred in connection with providing such information and assistance.
Registry Operator will not enter into any settlement or compromise of any such
indemnifiable claim without Registrar’s prior written consent, which consent shall
not be unreasonably withheld. Registry Operator will pay any and all costs,
damages, and expenses, including, but not limited to, reasonable attorneys' fees
and costs awarded against or otherwise incurred by Registrar in connection with
or arising from any such indemnifiable claim, suit, action or proceeding.
6.2 Representation and Warranty. Registrar represents and warrants that: (i) it is an entity
duly formed, validly existing and in good standing under the law of the jurisdiction of its
formation; (ii) it has all requisite power and authority to execute, deliver and perform its
obligations under this Agreement; (iii) the execution, performance and delivery of this
Agreement has been duly authorized by Registrar; and (iv) no further approval,
authorization or consent of any governmental or regulatory authority is required to be
obtained or made by Registrar in order for it to enter into and perform its obligations under
this Agreement.
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6.3 Exclusion of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND
SUBJECT TO SUBSECTIONS 6.6 AND 6.7, BOTH REGISTRY OPERATOR AND
NAMESPACE AUTHORITY WILL BE UNDER NO LIABILITY (JOINTLY OR SEVERALLY)
TO REGISTRAR IN RESPECT OF ANY COST, LOSS OR DAMAGE (INCLUDING
DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL LOSS OR DAMAGE OR LOSS OF PROFITS OR COSTS IN
RELATION TO DATA CORRUPTION OR BUSINESS INTERUPTION) WHICH MAY BE
(INCLUDING BY REASON OF NEGLIGENCE OR FAULT ON THE PART OF REGISTRY
OPERATOR) SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR
INDIRECTLY IN RESPECT OF GOODS OR SERVICES SUPPLIED PURSUANT TO THIS
AGREEMENT, A SUSPENSION OR TERMINATION OF SERVICES PROVIDED UNDER
THIS AGREEMENT OR IN RESPECT OF A FAILURE OR OMISSION ON THE PART OF
REGISTRY OPERATOR TO COMPLY WITH ITS OBLIGATIONS UNDER THIS
AGREEMENT, EXCEPT WHERE REGISTRY OPERATOR HAS INTENTIONALLY
ACTED IN BAD FAITH.
6.4 Limitation of Liability. WITHOUT LIMITING SUBSECTION 6.3 AND SUBJECT TO
SUBSECTIONS 6.6 AND 6.7, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR
ANY
SPECIAL,
INDIRECT,
INCIDENTAL,
PUNITIVE,
EXEMPLARY
OR
CONSEQUENTIAL COST, LOSS OR DAMAGES, OR ANY COST, LOSS OR DAMAGES
IN RELATION TO LOSS OF PROFITS, DATA CORRUPTION OR BUSINESS
INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT
(INCLUDING BY REASON OF NEGLIGENCE), EVEN IF THE OTHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE
MAXIMUM AGGREGATE LIABILITY OF REGISTRY OPERATOR AND ITS AFFILIATE
COMPANIES AND SUBCONTRACTORS EXCEED THE LESSER OF (i) THE TOTAL
AMOUNT PAID TO REGISTRY OERATOR UNDER THE TERMS OF THIS AGREEMENT
FOR THE IMMEDIATELY PRECEEDING 12 MONTH PERIOD, AND (ii) $100,000 USD.
6.5 Exclusion of Warranties. Subject to Subsection 6.6, any condition or warranty which
would otherwise be implied in this Agreement is hereby excluded.
6.6 Limitation of Implied Warranties. Where legislation implies in this Agreement any
condition or warranty, and that legislation avoids or prohibits provisions in a contract
excluding or modifying the application of or exercise of or liability under such condition or
warranty, the condition or warranty will be deemed to be included in this Agreement but the
liability of Registry Operator for a breach of any such implied term is limited to the full extent
permissible under the applicable legislation.
6.7 Limitation of Australian Consumer Law Guarantees. The liability of Registry Operator
for any breach of a consumer guarantee imposed by virtue of the
Australian Consumer Law will be limited, at the option of Registry Operator, to one or more of the following:
6.7.1 if the breach relate to goods: (i) the replacement of the goods or the supply of
equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of
replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost
of having the goods repaired; and
6.7.2 if the breach relates to services: (i) the supply of the services again; or (ii) the
payment of the cost of having the service supplied again.
6.8 Disclaimer of Warranties. THE REGISTRAR TOOL KIT AND ALL OTHER ITEMS
PROVIDED BY REGISTRY OPERTOR HEREUNDER ARE PROVIDED “AS-IS” AND
WITHOUT ANY WARRANTY OF ANY KIND. REGISTRY OPERATOR EXPRESSLY
DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
REGISTRY OPERATOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE REGISTRAR TOOL KIT WILL MEET REGISTRAR'S REQUIREMENTS, OR THAT
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THE OPERATION OF THE REGISTRAR TOOL KIT WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE REGISTRAR TOOL KIT WILL BE
CORRECTED. FURTHERMORE, REGISTRY OPERATOR DOES NOT WARRANT NOR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
REGISTRAR TOOL KIT OR RELATED DOCUMENTATION IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SHOULD THE
REGISTRAR TOOL KIT PROVE DEFECTIVE, REGISTRAR ASSUMES THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF
REGISTRAR'S OWN SYSTEMS AND SOFTWARE.
6.9 Reservation of Rights. Registry Operator reserves the right to deny, cancel or transfer
any registration or transaction, or place any domain name(s) on Registry lock, hold or
similar status, that it deems necessary, in its discretion; (1) to protect the integrity and
stability of the Registry System; (2) to comply with any applicable laws, government rules
or requirements, requests of law enforcement, or any dispute resolution process; (3) to
avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates,
subsidiaries, officers, directors, and employees; (4) for violations of this Agreement,
including, without limitation, the exhibits hereto; (5) for the non-payment of fees by
Registrar; or (6) to correct mistakes made by Registry Operator or any Registrar in
connection with a domain name registration. Registry Operator also reserves the right to
place a domain name on Registry hold, Registry lock, or similar status during resolution of
a dispute.
7.
TRANSITION
7.1 Definitions. In this section 7 the following definitions apply
“
Previous Registry Operator” means NEUSTAR ASIA PACIFIC PTY LTD (ACN 092 242
209).
“
Previous RRA” means a valid and enforceable agreement with NEUSTAR ASIA PACIFIC
PTY LTD for the provision of registry services in the .au ccTLD on terms approved by auDA
existing and in force immediately prior to the Commencement Date.
7.2 No Fee for Transition. Registry Operator will not charge Registrar or require Registrar to
pay any costs or fees associated with the transition from the Previous Registry Operator to
Registry Operator.
7.3 Continued benefit of Registry Services. Provided Registrar is party to a Previous RRA,
no additional fee will be payable by Registry Operator for the continuation of a Domain
Name Licence in a Registry TLD existing as at the Commencement Date for the remaining
duration of that Domain Name Licence (not being longer that two years). For the avoidance
of doubt, provision of Registry Services is subject to this Agreement, including Registry
Operator’s rights of suspension and termination.
7.4 Registrar Co-operation with Current Registry Operator. Registrar acknowledges that a
seamless transition requires the co-operation of a number of different parties, including the
Previous Registry Operator and Registrar agrees to provide all reasonable co-operation to
ensure a seamless transition and to ensure that there is no material disruption during
transition. Registrar acknowledges and agrees that Registry Operator has no liability for
any cost, loss or damage (whether direct or indirect, including loss of profits and costs in
relation to business data corruption) in connection with an act or omission (including
negligence) of the Previous Registry Operator.
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8.
DISPUTE RESOLUTION AND GOVERNING LAW
8.1 Dispute Resolution. Disputes arising under or in connection with this Agreement,
including requests for specific performance, shall be resolved through binding arbitration
conducted as provided in this Section pursuant to the rules of the Australian Disputes
Centre (“
ADC”) Rules for Domestic Arbitration. The arbitration shall be conducted in the
English language and shall occur in Australia. There shall be three arbitrators: each party
shall choose one arbitrator and, if the two arbitrators are not able to agree on a third
arbitrator, the third shall be chosen by the ADC. The parties shall bear the costs of the
arbitration in equal shares, subject to the right of the arbitrators to reallocate the costs in
their award as provided in the ADC rules. The parties shall bear their own attorneys' fees
in connection with the arbitration, and the arbitrators may not reallocate the attorneys' fees
in conjunction with their award. The arbitrators shall render their decision within ninety days
of the initiation of arbitration. Any litigation brought to enforce an arbitration award shall be
brought in the courts of Australia; however, the parties shall also have the right to enforce
a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding
the arbitration and/or preserving the rights of a party during the pendency of an arbitration,
each party shall have the right to seek temporary or preliminary injunctive relief from the
arbitration panel or a court located in Australia, which shall not be a waiver of this arbitration
agreement.
8.2 Governing Law. This Agreement shall be construed exclusively in accordance with and
governed by the laws of Victoria, Australia and shall be subject to the exclusive jurisdiction
of the courts of Victoria, Australia.
9.
TERM AND TERMINATION
9.1 Term of the Agreement; Revisions. The Term of this Agreement shall commence on the
Effective Date and, unless earlier terminated in accordance with the provisions of this
Agreement, shall expire on the last day of the calendar month which is two (2) years
following the Effective Date. This Agreement shall automatically renew for additional
successive two (2) year terms unless Registrar provides notice of termination to Registry
Operator at least thirty (30) days prior to the end of the initial or any renewal term. In the
event that revisions to this Agreement are required by Registry Operator (whether as a
result of requirements by the relevant Namespace Authority or otherwise), Registrar may,
at its option exercised within fifteen (15) days after receiving notice of such amendment,
either: (a) agree to such revisions by executing such documents or undertaking such acts
as is required by Registry Operator; or (b) terminate this Agreement immediately by giving
written notice to Registry Operator. In the event that Registry Operator does not receive
such notice of termination from Registrar within such fifteen day period, Registrar shall by
continuing to act as an authorised registrar be deemed to have accepted the revisions to
this Agreement effective pursuant to the terms of notice from Registry Operator.
9.2 Termination. This Agreement may be terminated as follows:
9.2.1
Termination for Cause. In the event that either party materially breaches any of
its obligations under this Agreement and such breach is not substantially cured
within thirty calendar days after written notice thereof is given by the other party,
then the non-breaching party may, by giving written notice thereof to the other
party, terminate this Agreement as of the date specified in such notice of
termination.
9.2.2
Termination at Option of Registrar. Registrar may terminate this Agreement at
any time by giving Registry Operator thirty days’ notice of termination.
9.2.4
Termination in the Event of Termination of Registry Agreement. This
Agreement shall terminate with respect to any Registry TLD in the event that any
Registry Agreement between Registry Operator and the relevant Namespace
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Authority necessary for the operation of such Registry TLD is terminated or
expires without entry of a subsequent Registry Agreement.
9.2.5
Termination in the Event of Termination or Expiry of Registrar’s
Accreditation as a Registrar by Namespace Authority. This Agreement shall
terminate immediately in the event that Registrar is no longer accredited by a
Namespace Authority (whether by reason of withdrawal of accreditation, an
agreement between Registrar and the relevant Namespace Authority having
expired or been terminated or otherwise) to act as a registrar in any Authorised
Namespace.
9.2.6
Termination in the Event of Insolvency or Bankruptcy. Registry Operator may
terminate this Agreement if Registrar is adjudged insolvent or bankrupt, or if
proceedings are instituted by or against Registrar seeking relief, reorganization or
arrangement under any laws relating to insolvency, or seeking any assignment
for the benefit of creditors, or seeking the appointment of a receiver, liquidator or
trustee of a party's property or assets or the liquidation, dissolution or winding up
of a party's business.
9.3 Effect of Termination. Upon the expiration or termination of this Agreement for any
reason:
9.3.1
Registry Operator will complete the registration of all domain names processed
by Registrar prior to the effective date of such expiration or termination, provided
that Registrar's payments to Registry Operator for Fees are current and timely.
9.3.2
Registrar shall immediately transfer its sponsorship of Registered Names to
another accredited registrar at the direction of and in compliance with any
procedures established by Namespace Authority.
9.3.3
All Confidential Information of the Disclosing Party in the possession of the
Receiving Party shall be immediately returned to the Disclosing Party.
9.3.4
In the event of termination in accordance with the provisions of Sections 9.1 or
9.2, or upon the exercise of its rights under section 6.9, Registry Operator
reserves the right to immediately contact any and all Registrants to facilitate the
orderly and stable transition of Registrants to other accredited registrars as may
be directed by Namespace Authority.
9.3.5
All fees owing to Registry Operator shall become immediately due and payable.
9.4 Survival. In the event of termination of this Agreement, the following shall survive: (i)
Subsections 2.6, 3.5, 4.3, 4.4, 5.1, 5.2, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 8.1, 8.2,
9.4, 10.2, 10.3, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9, and 10.10, and (ii) the Registrant's
indemnification obligation under Subsection 3.4. Neither party shall be liable to the other
for damages of any sort resulting solely from terminating this Agreement in accordance with
its terms.
10.
MISCELLANEOUS
10.1 Assignments.
10.1.1 Assignment in Connection with Assignment of Registry Agreement. In the
event that a Registry Agreement is validly assigned, Registry Operator’s rights
under this Agreement with respect to such Registry Agreement shall be
automatically assigned to the assignee of that Registry Agreement, provided that
the assignee assumes the duties of Registry Operator under this Agreement. In
the event that Registrar's accreditation for the Registry TLD is validly assigned,
Registrar's rights under this Agreement shall be automatically assigned to the
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assignee of the accreditation, provided that the subsequent registrar assumes the
duties of Registrar under this Agreement.
10.1.2 Other Assignments. Except as otherwise expressly provided in this Agreement,
the provisions of this Agreement shall inure to the benefit of and be binding upon,
the successors and permitted assigns of the parties. Neither party shall assign or
transfer its rights or obligations under this Agreement without the prior written
consent of the other party, which shall not be unreasonably withheld, provided
however that Registry Operator may assign its rights and obligations under this
Agreement: (a) to an entity which Registry Operator controls, is controlled by, or
in relation to which it is under common control; and (b) where such assignment
can be validly made by Registry Operator taking into account its rights and
obligations under each relevant Registry Agreement.
10.2 Notices. Any notice or other communication required or permitted to be delivered to any
party under this Agreement shall be in writing and shall be deemed properly delivered,
given and received when delivered (by hand, by registered mail, by courier or express
delivery service or by e-mail during business hours) to the address set forth beneath the
name of such party below, unless such party has given a notice of a change of address in
writing:
If to Registrar, to the contact details set out in Part A of Exhibit 1; and if to Registry
Operator, to the contact details set out in Part B of Exhibit 1.
10.3 Third-Party Beneficiaries. Except for Namespace Authority, who is intended to be a third-
party beneficiary in relation to this Agreement, this Agreement shall not be construed to
create any obligation by either party to any non-party to this Agreement, including any
holder of a Registered Name. Registrar expressly acknowledges that, notwithstanding
anything in this Agreement to the contrary, it is not an intended third-party beneficiary of
any Registry Agreement.
10.4 Relationship of the Parties. Nothing in this Agreement shall be construed as creating an
employer-employee or agency relationship, a partnership or a joint venture between the
parties.
10.5 Force Majeure. Neither party shall be liable to the other for any loss or damage resulting
from any cause beyond its reasonable control (a “
Force Majeure Event”) including, but not
limited to, insurrection or civil disorder, war or military operations, national or local
emergency, acts or omissions of government or other competent authority, compliance with
any statutory obligation or executive order, industrial disputes of any kind (whether or not
involving either party's employees), fire, lightning, explosion, flood, subsidence, weather of
exceptional severity, and acts or omissions of persons for whom neither party is
responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence
interferes with either party's performance of this Agreement, such party shall be excused
from performance of its obligations (other than payment obligations) during the first six
months of such interference, provided that such party uses best efforts to avoid or remove
such causes of non-performance as soon as possible.
10.6 Amendments. Except as provided in 9.1, no amendment, supplement, or modification of
this Agreement or any provision hereof shall be binding unless executed in writing by both
parties.
10.7 Waivers. No failure on the part of either party to exercise any power, right, privilege or
remedy under this Agreement, and no delay on the part of either party in exercising any
power, right, privilege or remedy under this Agreement, shall operate as a waiver of such
power, right, privilege or remedy; and no single or partial exercise or waiver of any such
power, right, privilege or remedy shall preclude any other or further exercise thereof or of
any other power, right, privilege or remedy. Neither party shall be deemed to have waived
any claim arising out of this Agreement, or any power, right, privilege or remedy under this
Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly
set forth in a written instrument duly executed and delivered on behalf of such party; and
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any such waiver shall not be applicable or have any effect except in the specific instance
in which it is given.
10.8 Entire Agreement. This Agreement (including its exhibits, which form a part of it)
constitutes the entire agreement between the parties concerning the subject matter of this
Agreement and supersedes any prior agreements, representations, statements,
negotiations, understandings, proposals or undertakings, oral or written, with respect to the
subject matter expressly set forth herein.
10.9 Severability. If any provision of this Agreement is held to be illegal, invalid or
unenforceable, each party agrees that such provision will be enforced to the maximum
extent permissible so as to effect the intent of the parties, and the validity, legality and
enforceability of the remaining provisions of this Agreement will not in any way be affected
or impaired thereby. If necessary to effect the intent of the parties, the parties will negotiate
in good faith to amend this Agreement to replace the unenforceable language with
enforceable language that reflects such intent as closely as possible.
10.10 Counterparts. All executed copies of this Agreement are duplicate originals, equally
admissible as evidence. This Agreement may be executed in counterparts, and such
counterparts taken together shall be deemed the Agreement. An electronic scanned copy
(such as in PDF format) of a signature of a party hereto shall have the same effect and
validity as an original signature.
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Exhibit 1 – Contract Details
Part A – Registrar Details
Name
Matthew Goonan
Address
50 Marcus Clarke Street
Contact
Chief Technology Officer
Telephone
+61.448864472
Email
xxxxxxx.xxxxxx@xxx.xxx.xx
Part B - Registry Operator Details
Name
Afilias Australia Pty Ltd
Address
Suite 4, Level 35, 360 Elizabeth Street, Melbourne, Victoria, 3000
Contact
General Counsel
Telephone
+61 3 9021 6914
Email
xxxxx@xxxxxxx.xxx.xx
Part C – Contract Details
Effective Date
The latest date on which a party executes this Agreement
Commencement Date
1 July 2018 or such later date as may be notified to Registrar by
Registry Operator
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Exhibit 4 – Fees
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Exhibit 5 – Service Levels
DNS refers to the Domain Name System as specified in RFCs 1034, 1035, and related RFCs.
DNSSEC refers to proper resolution - there is a valid DNSSEC chain of trust from the root trust
anchor to the DS record of the zone managed by the Registry System.
EPP refers to the Extensible Provisioning Protocol as specified in RFC 5730 and related RFCs.
IP address refers to IPv4 or IPv6 addresses without making any distinction between the two. When
there is need to make a distinction, IPv4 or IPv6 is used.
Probes refers to network hosts used to perform (DNS, EPP, etc.) tests (see below) that are located at
various global locations.
RDDS or
Registration Data Directory Services refers to the collective of WHOIS and Web- based
WHOIS services.
Round-Trip Time or
RTT refers to the time measured from the sending of the first bit of the first
packet of the sequence of packets needed to make a request until the reception of the last bit of the
last packet of the sequence needed to receive the response. If the client does not receive the whole
sequence of packets needed to consider the response as received, the request will be considered
unanswered. Push back to TCP and requests that result in EDNS0 responses are excluded from this
measure.
SLR refers to a Service Level.
DNS
a.
DNS service availability. Refers to the ability of the group of listed-as- authoritative name
servers of a zone maintained by the Registry System, to answer DNS queries from DNS probes. For
the service to be considered available at a particular moment, at least, two of the delegated name
servers registered in the DNS must have successful results from “DNS tests” to each of their public-
DNS registered “IP addresses” to which the name server resolves. If 51% or more of the DNS testing
probes see the service as unavailable during a given time, the DNS service will be considered
unavailable.
b.
DNS name server availability. Refers to the ability of a public-DNS registered “IP address”
of a particular name server listed as authoritative for a zone maintained by the Registry System, to
answer DNS queries from an Internet user. All the public DNS-registered “IP address” of all name
servers of the domain name being monitored shall be tested individually. If 51% or more of the DNS
testing probes get undefined/unanswered results from “DNS tests” to a name server “IP address”
during a given time, the name server “IP address” will be considered unavailable.
c.
UDP DNS resolution RTT. Refers to the RTT of the sequence of two packets, the UDP DNS
query and the corresponding UDP DNS response. If the RTT is 5 times greater than the time specified
in the relevant SLR, the RTT will be considered undefined.
d.
TCP DNS resolution RTT. Refers to the RTT of the sequence of packets from the start of the
TCP connection to its end, including the reception of the DNS response for only one DNS query. If the
RTT is 5 times greater than the time specified in the relevant SLR, the RTT will be considered
undefined.
e.
DNS resolution RTT. Refers to either “UDP DNS resolution RTT” or “TCP DNS resolution
RTT”.
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f.
DNS update time. Refers to the time measured from the reception of an EPP confirmation to
a transform command on a domain name, until the name servers of the parent domain name answer
“DNS queries” with data consistent with the change made. This only applies for changes to DNS
information. Exclusive of DNSSEC signing or resigning of ZSK or KSK of zones.
g.
DNS test. Means one non-recursive DNS query sent to a particular “IP address” (via UDP or
TCP). If DNSSEC is offered in the queried DNS zone, for a query to be considered answered, the
signatures must be positively verified against a corresponding DS record published in the parent zone
or, if the parent is not signed, against a statically configured Trust Anchor. The answer to the query
must contain the corresponding information from the Registry System, otherwise the query will be
considered unanswered. A query with a “DNS resolution RTT” 5 times higher than the corresponding
SLR, will be considered unanswered. The possible results to a DNS test are: a number in milliseconds
corresponding to the “DNS resolution RTT” or, undefined/unanswered.
h.
Measuring DNS parameters. Every minute, every DNS probe will make an UDP or TCP
“DNS test” to each of the public- DNS registered “IP addresses” of the name servers of the zone
maintained by the Registry System being monitored. If a “DNS test” result is undefined/unanswered,
the tested IP will be considered unavailable from that probe until it is time to make a new test.
Network and system issues related to the probe or any upstream provider that cause a query to not
reach the name servers will not be considered as undefined/unanswered.
i.
Collating the results from DNS probes. The minimum number of active testing probes to
consider a measurement valid is 20 at any given measurement period, otherwise the measurements
will be discarded and will be considered inconclusive; during this situation no fault will be flagged
against the SLRs.
j.
Distribution of UDP and TCP queries. DNS probes will send UDP or TCP “DNS test”
approximating the distribution of these queries.
k.
Placement of DNS probes. Probes for measuring DNS parameters shall be placed as near
as possible to the DNS resolvers on the networks with the most users across the different geographic
regions; care shall be taken not to deploy probes behind high propagation-delay links, such as
satellite links.
RDDS
a.
RDDS availability. Refers to the ability of all the RDDS services for the TLD, to respond to
queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more
of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the
RDDS will be considered unavailable.
b.
WHOIS query RTT. Refers to the RTT of the sequence of packets from the start of the TCP
connection to its end, including the reception of the WHOIS response. If the RTT is 5-times or more
the corresponding SLR, the RTT will be considered undefined.
c.
Web-based- WHOIS query RTT. Refers to the RTT of the sequence of packets from the start
of the TCP connection to its end, including the reception of the HTTP response for only one HTTP
request. If Registry Operator implements a multiple- step process to get to the information, only the
first step shall be measured. If the RTT is 5-times or more the corresponding SLR, the RTT will be
considered undefined.
d.
RDDS query RTT. Refers to the collective of “WHOIS query RTT” and “Web-based- WHOIS
query RTT”.
e.
RDDS update time. Refers to the time measured from the reception of an EPP confirmation
to a transform command on a domain name, host or contact, up until the responses of the RDDS
services reflect the changes made.
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f.
RDDS test. Means one query sent to a particular “IP address” of one of the servers of one of
the RDDS services. Queries shall be about existing objects in the Registry System and the responses
must contain the corresponding information otherwise the query will be considered unanswered.
Queries with an RTT 5 times higher than the corresponding SLR will be considered as unanswered.
The possible results to an RDDS test are: a number in milliseconds corresponding to the RTT or
undefined/unanswered.
g.
Measuring RDDS parameters. Every 5 minutes, RDDS probes will select one IP address
from all the public-DNS registered “IP addresses” of the servers for each RDDS service of the TLD
being monitored and make an “RDDS test” to each one. If an “RDDS test” result is
undefined/unanswered, the corresponding RDDS service will be considered as unavailable from that
probe until it is time to make a new test.
h.
Placement of RDDS probes. Probes for measuring RDDS parameters shall be placed near
the major Internet exchange points with the most users across the different geographic regions; care
shall be taken not to deploy probes behind high propagation-delay links, such as satellite links.
EPP
a.
EPP service availability. Refers to the ability of the TLD EPP servers as a group, to respond
to commands from the auDA accredited Registrars, who already have credentials to the servers. The
response shall include appropriate data from the Registry System. An EPP command with “EPP
command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51%
or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP
service will be considered unavailable.
b.
EPP session-command RTT. Refers to the RTT of the sequence of packets that includes
the sending of a session command plus the reception of the EPP response for only one EPP session
command. For the login command it will include packets needed for starting the TCP session. For the
logout command it will include packets needed for closing the TCP session. EPP session commands
are those described in section 2.9.1 of EPP RFC 5730. If the RTT is 5 times or more the
corresponding SLR, the RTT will be considered undefined.
c.
EPP query-command RTT. Refers to the RTT of the sequence of packets that includes the
sending of a query command plus the reception of the EPP response for only one EPP query
command. It does not include packets needed for the start or close of either the EPP or the TCP
session. EPP query commands are those described in section 2.9.2 of EPP RFC 5730. If the RTT is
5-times or more the corresponding SLR, the RTT will be considered undefined.
d.
EPP transform-command RTT. Refers to the RTT of the sequence of packets that includes
the sending of a transform command plus the reception of the EPP response for only one EPP
transform command. It does not include packets needed for the start or close of either the EPP or the
TCP session. EPP transform commands are those described in section 2.9.3 of EPP RFC 5730. If the
RTT is 5 times or more the corresponding SLR, the RTT will be considered undefined.
e.
EPP command RTT. Refers to “EPP session-command RTT”, “EPP query-command RTT” or
“EPP transform-command RTT”.
f.
EPP test. Means one EPP command sent to a particular “IP address” for one of the EPP
servers. Query and transform commands, with the exception of “create”, shall be about existing
objects in the Registry System. The response shall include appropriate data from the Registry
System. The possible results to an EPP test are: a number in milliseconds corresponding to the “EPP
command RTT” or undefined/unanswered.
g.
Measuring EPP parameters. Every 5 minutes, EPP probes will select one “IP address” of
the EPP servers of the TLD being monitored and make an “EPP test”; every time they should perform
the 3 different types (query, modify, and session commands) of commands. If an “EPP test” result is
undefined/unanswered, the EPP service will be considered as unavailable from that probe until it is
time to make a new test.
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h.
Placement of EPP probes. Probes for measuring EPP parameters shall be placed near the
major Internet exchange points with the most users across the different geographic regions; care shall
be taken not to deploy probes behind high propagation-delay links, such as satellite links.
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CSL: Critical Service Level (Ongoing)
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KM: Key Measurements (Ongoing)
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Released by the Department of Finance under the Freedom of Information Act 1982
FOI 22/85 - Document 2
.AU REGISTRY-REGISTRAR AGREEMENT
Exhibit 6 – Service Level Credits
The service level credit payable by Registry Operator to Registrar as a result of a failure by Registry
Operator to achieve a Service Level (if any) will be calculated by Registry Operator and the relevant
Namespace Authority in accordance with the Registry Agreement and paid by Registry Operator to
Registrar under this Agreement.
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Released by the Department of Finance under the Freedom of Information Act 1982
FOI 22/85 - Document 2
.AU REGISTRY-REGISTRAR AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date set
out in Part C of Exhibit 1.
EXECUTED for and on behalf
Afilias
Australia Pty Ltd (ACN 623 428 384)
by its authorised representative:
...............................................................
Signature of authorised representative
................................
Patrick Donaldson ...............................
Name of authorised representative
(block letters)
EXECUTED for and on behalf of
Registrar named in Part A of
Exhibit 1 in accordance with
section 127 of the
Corporations Act
2001 (Cth) by:
...............................................................
Signature of director
Matthew Goonan
...............................................................
Name of director (block letters)
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