1.1. “Administration Sites” means the Registry’s official administration website/s including,
but not limited to: www.registry.net.za and the Registrars official administration website/s
including, but not limited to: www.oryx.co.za
1.2. “Agreement” means the Application read together with these terms and conditions.
1.3. “Applicant” means the party making application for the delegation or update of the Domain
Name in terms of this Agreement, and who will be identified as the Registrant on the Application.
1.4. “Application” means the application for the delegation or update of the Domain Name
submitted by, or on behalf of, the Applicant and to which these terms and conditions apply.
1.5. “Registry” means ZA Central Registry NPC, a company registered in accordance with the laws
of South Africa with registration number 1988/004299/08, its successors or permitted assigns.
1.6. “DomainName” means the domain name in the Namespace, designated by the Applicant in the
Application, and governed by the Agreement.
1.7. “Namespace” means the .za domain/gTLD namespace of the Internet.
1.8. “Personal Information” means information relating to an identifiable, living, natural person.
1.9. “Registrar” means Oryx Trust.
1.10. “Published Policies” means those specifications and policies established and published by
the Registry from time-to-time relating to the administration of the Namespace, and includes the
Launch Policy, Sunrise Dispute Resolution Policy, and Auction Policy. The published policies can
be found on the Administration Sites.
2.1. The Registry is responsible for delegating domain names in the .za domain/gTLD namespace of
2.2. These terms and conditions apply to all the .za domain /gTLD domain names.
2.3. The Applicant also agrees to be bound by the Published Policies.
3.1. See the provisions of the Standard Terms as they relate to fees, which are deemed to form
part of this clause 3.
3.2. Should the Applicant fail to pay any of the fees contemplated in this clause 3 within the
periods stated herein, the Registrar may, without derogating from any other right which it may
have in terms of this Agreement or otherwise, and without notice, withdraw the Domain Name
3.3. Under no circumstances whatsoever will the Registry or Registrar be obliged to refund any
fees paid by the Applicant in terms of this clause 3.
4. Rights to Domain Name
4.1. The Registry or the Registrar will under no circumstances whatsoever be obliged to determine
the right of the Applicant to the Domain Name. Domain names are delegated on a “first-come-first
served” basis (unless the Application is made as part of the Namespace launch phase) and the
delegation of the Domain Name by the Registry will in no way constitute any indication or warranty
of the Applicant’s right to utilise such name.
4.2. The Registry and Registrar give no warranties of any nature whatsoever with regard to the
Domain Name, the registration or use thereof and hereby disclaim all such warranties, whether
express or implied.
4.3. Under no circumstances whatsoever will the Registry or Registrar be obliged to act as an
arbiter of disputes arising out of the registration and use of the Domain Name.
4.4. Should a third party (the “Complainant”), in contemplation of legal action against the
Applicant in court or as described in clause 4.5, present the Registry or Registrar with prima
facie evidence that indicates that the Domain Name violates the rights of the Complainant,
then the Registry will be entitled to provide the Complainant with the Applicant’s name and
contact particulars. All further communication will exclude the Registry and the Registrar,
and who will have no further obligations to the Applicant or complainant.
4.5. The Applicant accepts the jurisdiction of any dispute resolution mechanism established in
respect of the Namespace by the Registry, ICANN or by applicable law, as the case may be, in
disputes relating to the Domain Name, including the Uniform Domain Name Dispute
Resolution Policy (“UDRP”) and the Uniform Rapid Suspension (“URS”), and agrees to be
bound by any decision that may result.
5. The Applicant’s Warranties & Indemnity
5.1. The Applicant hereby irrevocably represents, warrants and agrees that:
5.1.1. the information provided in the Application is accurate and complete, and that it will
keep such information up to date at all times;
5.1.2. it has the right without restriction to use and register the Domain Name;
5.1.3. to the best of its knowledge and belief the registration of the Domain Name or its
use does not and will not directly or indirectly infringe any legal right of any third
party in any jurisdiction, including with respect to trade mark, service mark, trade
name, company name, close corporation name, copyright or any other intellectual property right;
5.1.4. will not use the Domain Name for any unlawful purpose whatsoever, including,
without limitation, distributing malware, abusively operating botnets, defamation,
unfair competition, passing off, phishing, piracy, counterfeiting, fraudulent or deceptive
practices or generally for the purpose of confusing or misleading any person;
5.1.5. at the time of the initial submission of the Application, and at all material times
thereafter, it must have an operational name service from at least two operational
name servers for the Domain Name. Each server is and will continue to be fully connected to
the Internet and capable of receiving queries relating to the Domain Name and responding thereto;
5.1.6. it has selected the Domain Name without any input, influence or assistance from the
Registry and/or Registrar.
5.2. Pursuant to the above warranties, the Applicant hereby agrees that it will defend, indemnify
and hold harmless the Registrar and the Registry, their directors, officers, members, employees and
agents, for any loss, damage, expense or liability resulting from any claim, action or demand
arising out of or related to a breach of the aforementioned warranties or the use or registration
of the Domain Name, including reasonable attorneys’ fees on an attorney and own client basis.
Such claims will include, without limitation, those based upon trade mark infringement, copyright
infringement, dilution, unfair competition, passing off, defamation or injury to reputation.
The Registrar agrees to give the Applicant written notice of any such claim, action or demand
within reasonable time of becoming aware thereof. The Applicant agrees that the Registry and /or
the Registrar will be defended by attorneys of their own respective choices at the Applicant’s
expense, and that the Applicant will advance the costs incurred in such litigation, to the
respective parties on demand from time to time.
6. Withdrawals and Transfers
6.1. The Applicant agrees that the Registry or Registrar will have the right to withdraw the
Domain Name delegation, suspend operation of the Domain Name, or transfer the Domain Name
(as the case may be):
6.1.1. in the circumstances contemplated in clause 3;
6.1.2. should the Applicant breach any warranty given under clause 5.1;
6.1.3. if the Applicant withdraws its consent for processing of Personal Information
described in clause 7;
6.1.4. should the Applicant breach any other provision of this Agreement, and fail to remedy
such breach within 14 (fourteen) days of receiving written notice from the Registrar calling upon
it to do so;
6.1.5. in order to correct mistakes by Registrar or the Registry in registering the Domain
Name pursuant to the Published Polices or ICANN policy applicable to the Registrar;
6.1.6. on receipt of an order by any competent court having jurisdiction; or
6.1.7. on receipt of a decision by a dispute resolution provider appointed in terms of an
official domain name Dispute Resolution Procedure introduced by law, or adopted and published
by the Registry or ICANN (if applicable).
6.2. In the event that the Registrar’s accreditation is withdrawn by the Registry, the Registry
may initiate a forced transfer of the Domain Name to another registrar.
7. Personal Information
7.1. Personal Information provided by the Applicant to the Registrar will be used in a manner
generally accepted in the domain name industry, and in particular for the following purposes:
7.1.1. use of Personal Information by the Registrar and Registry in providing the registrar
and registry services respectively and in particular providing a public WHOIS facility which may
include the Personal Information;
7.1.2. inclusion of Personal Information in escrow deposits by the Registrar and Registry
held by third parties located both inside and outside of the respective countries in which they
provide the services;
7.1.3. transfer of Personal Information to the Registry’s affiliates and service providers for
the purposes of providing registry services wherever in the world such parties may be located;
7.1.4. transfer of Personal Information to a third party replacing the Registry in providing
the registry function in terms of the registry agreement between ICANN and the Registry, wherever
in the world such third party may be located.
7.2. In processing the Personal Information as set out in clause 7.1 the Registrar and Registry may
transfer such Personal Information to the parties described therein. If the Registrar is a reseller
of registrar services, then the Personal Information will also be transmitted to the sponsoring
7.3. THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED IN CLAUSES
7.1 AND 7.2. AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT
ON SUCH CONSENT.
7.4. Provision of the Domain Name is dependent on the Applicant’s consent, and the Domain Name may
be suspended or withdrawn if the Applicant withdraws such consent.
8. Exemption and Indemnity of the Registry
8.1. THE REGISTRY ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL UNDER NO CIRCUMSTANCES
WHATSOEVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
OF ANY KIND AND HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTION
OR LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, DELICT, OR OTHERWISE,
EVEN IF THE REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2. THE APPLICANT WILL INDEMNIFY, DEFEND, AND HOLD THE REGISTRY AND ITS DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES
(INCLUDING REASONABLE LEGAL FEES AND EXPENSES) RELATING TO OR ARISING OUT OF TO THE APPLICANT’S
DOMAIN NAME REGISTRATION.
9.1. For adjudication of any legal disputes between the Applicant and the Registry, the Applicant
hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria).
9.2. The Agreement will be construed and interpreted in accordance with the law of the Republic
of South Africa.
9.3. The Applicant acknowledges that the Registry may oblige the Registrar to make changes to or
supplement the Agreement or parts of the Agreement (“amendments”) if these amendments are reasonably
necessary for the administration of the Namespace. These amendments will be published on the
Administration Sites from time to time.
9.4. The Applicant accepts that it is incumbent on it to monitor such changes and it hereby
agrees that should it fail to notify the Registrar of the Applicant’s wish not to be bound by
such amendments within 30 (thirty) days of such amendment being published, it will conclusively be
deemed to have acceded and agreed to the amendments thus published.
9.5. To the extent that the Registry is granted rights, the relevant provisions of this Agreement
will constitute an agreement for the benefit of a third party (stipulatio alteri) in the Registry’s
favour. Where the Registry has lawfully assigned its rights and duties under its Registry Registrar
Agreement with the Registrar, the assignee will be the beneficiary under this clause.
9.6. In the event that any of these terms are found to be invalid, unlawful or unenforceable, such
terms will be severable from the remaining terms, which will continue to be valid and enforceable.