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Instra Refund and Cancellation Policy

Introduction

Instra Corporation Pty. Ltd. is a long established domain name registrar which also provides web hosting, email hosting and global phone number services. In the spirit of such growth, it is the policy of Instra Corporation Pty. Ltd. to maintain a fair balance when providing services or subscriptions to customers.

There are different circumstances where we may provide a pro rata or full refund for a product and/or service ordered through our web site. For this reason we suggest that that you read this policy in its entirety before making any request for a refund.

Terminology

Following are definitions of terms used in these Refund and Cancellation Policy.

Domain Name
Any domain name registered through Instra Corporation Pty. Ltd. as the Registrar of record.

After Market Domain Names
This is often referred to Marketplace Domain names. These are pre-registered domain names that we offer for sale.

Domain Label
Domain Label is a unique key that is provided by the Trademark Clearinghouse when a trademark is validated by the Trademark Clearinghouse. The domain label must be provided by you when registering your trademarked name as a domain name during the sunrise period for any new gTLD domain name.

Domain Name Services
Any Domain Name registration, renewal and other services associated with a Domain Name.

Email Address
An email address provided by Instra Corporation Pty. Ltd. in accordance with the Terms of Service.

Hosted Website
A Registrant's website that is hosted by Instra Corporation Pty. Ltd. in accordance with the Terms of Service.

Official Agent
Official Agent means an agent that is authorized by the Trademark Clearinghouse to assist with providing Trademark Validation services for end users.

Relevant Party
Includes each of the following parties: Instra Corporation Pty. Ltd., the Registry and any other entity with whom any of the preceding parties is in a business relationship;

  1. every officer, employee, contractor, agent of any entity specified above
  2. anyone else that Instra Corporation Pty. Ltd. may procure to perform any obligations or duties of Instra Corporation Pty. Ltd. under any agreement you have with Instra Corporation Pty. Ltd..

Services
Domain Name Services, Web and Email Services and Global Phone Number services.

SRS
Shared Registry System. The system used by the Registry to receive and action Domain Name registration applications and other requests.

Web and Email Services
Any web services or email services offered or provided by Instra Corporation Pty. Ltd. in addition to Domain Name Services.

Trademark Clearinghouse
Trademark Clearinghouse is a trademark validation service appointed by ICANN, which provides a trademark validation service for trademarks holders. When a trademark is successfully validated, the Trademark Clearinghouse provides you with a unique key commonly referred to as a domain name label.

You
The Registrant of the Domain Name or the nom inated Account Holder whose name is associated with the product and/or service being ordered.

Your Responsibilities

When you place your order for a domain name, web hosting, phone number (PhNUM ®), or any other product or service through our web site, you agree to be bound by our Terms of Service, which is incorporated herein by reference and made part of this Refund and Cancellation Policy.

You Agree that:

  1. it is your responsibility to ensure the appropriateness and compatibility of the products and/or services that you are ordering. We take no responsibility for any mistakes in your application either on the advice of our staff or at your sole discretion.

Conditions for Refunds

Refund Conditions for Domain Names

As a globally accredited registrar, we provide direct domain name registrations through various up line providers throughout the world. Each domain name extension has its own set of policies, rules, and procedures. For this reason, it is sometimes possible to cancel an order without financial penalty if the fulfilled order is cancelled within a short time frame.

Due to strict time frames, you cannot request to cancel an order by email or by using our Contact Us web form. We can only accept a request to cancel a new order by telephone. In these circumstances we will evaluate your refund request and will then send you an email confirmation acknowledging we have received your refund request.

For us to process a refund, you may also be required to return signed document or documents to us on our request.

The conditions for when we may apply a full or pro rata refund for domain name orders are outlined below:

  1. Correction to Domain Name Application: For many new domain names, it is possible to cancel a new domain name registration by deleting the domain name within the initial registration period. In these circumstances, if you request that we cancel a domain name within 72 hours of placing the order on our web site, we may be able to provide a refund for this order. The refund amount provided is discretionary, as some types of domain extensions do not permit early domain name deletions without incurring a non-refundable registration expense. If this refund is approved, a refund equaling the purchase price will be allocated as a credit to your account which can be used to purchase other products and services from our web site.
  2. Reverting a Domain Name Renewal Order: For a select few domain name extensions, it is possible to cancel a recent domain name renewal order that has been processed by the registry if the renewal order has recently been processed. If you request that we cancel a domain name renewal within 72 hours of placing the domain name renewal order on our web site, we may be able to refund the renewal order and cancel the domain name registration. This type of refund request is discretionary, as some domain extensions do not permit the cancellation of a domain name license renewal once the domain name has been renewed at the registry. If this refund is approved, a refund equaling the purchase price will be allocated as a credit to your account which can be used to purchase other products and services from our web site.
  3. Ordering of a Reserved/Registered Domain name: It is possible that our domain name search feature may indicate that some types of domain names may be available for registration. While the search results are generally very accurate (and most likely technical accurate), policies and procedures may prevent us from processing and fulfilling such orders.
  4. Billing Irregularity: If it is found that Instra Corporation Pty. Ltd. is the cause of a billing irregularity where you have been overcharged, and Instra Corporation Pty. Ltd. confirms the billing irregularity, you may be entitled to a credit or refund, however certain exclusions still apply. Please see Billing Irregularity Exclusions section for more information.
  5. Cancelling of existing domain names: It is possible to cancel an existing domain name license at any time. Depending on procedures and policies of the respective domain name, a pro-rata refund may apply with this type of cancellation request.
  6. Cancellation of After Market (Marketplace) Domain Name Order: Our After Market domain name search integrates with various up line providers. While the prices may be complete and accurate at the time of search, the seller may change the selling conditions in relation to the advertised price. If for any reason we cannot fulfill the order at the advertised price, an unconditional full refund will be provided. It should also be noted that the After Market purchase service is NOT REFUNDABLE if we are successful in obtaining the Premium After Market domain name on your behalf.

Refund Conditions for Web and Email Hosting

The conditions for when we may apply a refund for Web Hosting or Email Hosting orders are outlined below:

  1. Correction to Bundled Domain Name linked to a Web Hosting Service: For many domain names, it is possible to cancel a new domain name registration by deleting the domain name within the initial registration period. In these circumstances, if you request that we cancel a bundled domain name and web or email hosting service within 72 hours of placing the order on our web site, we will be able to provide a refund for the hosting component of this order. Please refer to the section Refund Conditions for Domain Names for further information.
  2. Billing Irregularity: If it is found that Instra Corporation Pty. Ltd. is the cause of a billing irregularity where you have been overcharged, and Instra Corporation Pty. Ltd. confirms the billing irregularity, you may be entitled to a credit or refund, however certain exclusions still apply. Please see Billing Irregularity Exclusions section for more information.
  3. Cancelling of existing web hosting or email hosting service: It is possible to cancel an existing web hosting or email hosting service at any time. Depending on the licensing term of the hosting service ordered, a pro-rata refund may apply with this type of cancellation request.

Refund Conditions for Global Phone Numbers (PhNUM ®)

  1. Billing Irregularity: If it is found that Instra Corporation Pty. Ltd. is the cause of a billing irregularity where you have been overcharged, and Instra Corporation Pty. Ltd. confirms the billing irregularity, you may be entitled to a credit or refund, however certain exclusions still apply. Please see Billing Irregularity Exclusions section for more information.
  2. Cancelling of existing Global Phone Number: You may at any time request to cancel a global phone number.
  3. Quality of Service: Our Global Phone Number service is provided "as is" and we make no guarantees for quality of service where the service is used outside of our telecommunications infrastructure. We do however understand that our service may not be compatible with your end user infrastructure, which may result in Quality of Service issues. If you have continual issues with Quality of Service, you may request a refund.

    It should be noted that calling credit which is used for advanced call re-direction services is not refundable under any circumstance.

Full Refunds

Instra Corporation Pty. Ltd. may offer a full refund when:

  1. where Instra Corporation Pty. Ltd. confirms a billing irregularity where it is found that we are at fault. Instra Corporation Pty. Ltd. will provide a full refund to the amount as confirmed as being billed incorrectly by Instra Corporation Pty. Ltd..
  2. where Instra Corporation Pty. Ltd. has allowed an order for a domain name application that is already registered or reserved, and has already accepted payment for this order. The only exception to this condition is when the domain name application is for a domain name ordered under a new TLD extension. Please refer to the New Domain Name launches section.
  3. you cancel an order for a domain name within 72 hours of placing the order, and where the up line provider allows the domain name registration to be cancelled without incurring an registration expense.
  4. where we cannot fulfill an order for an After Market Domain name at the advertised price

Pro-Rata Refunds

Due to various policies and regulations for regulatory authorities throughout the world, some domain name license periods are managed by the registries (up line providers), while other domain name license periods are managed directly by the registrar.

For domain names where the license period is fully managed by us being the registrar of the record of the domain name, it may be possible for you to apply for a pro-rata refund if you cancel your domain name before the domain name expires.

For Web Hosting and Email Hosting service, it may be possible for you to apply for a pro-rata refund if you cancel your Web Hosting or Email Hosting service before the hosting service expires.

For services relating to Global Phone Numbers including Global Phone Numbers, Calling Channels and Calling credit, it may be possible for you to apply for a pro-rata refund if you cancel your this service before the service expires.

The pro-rata refund amount will be calculated by determining the total price paid for the product and/or service, less already spent terms (which is defined by how long the domain name or hosting service or global phone number service has previously been registered with Instra Corporation Pty. Ltd. being the recognized serviced provider). When calculating refunds, any partial year order terms may be recognized as a spent yearly registration term, and in these circumstances, that yearly license term may not be refundable.

Where a refund is applied, a credit note will be allocated to your account equaling the full refund amount.

Where monetary funds is returned to you where Instra Corporation Pty. Ltd. is not at fault, Instra Corporation Pty. Ltd. will retain a 20% processing fee of the total order amount to recover all associated banking and administration costs.

Billing Irregularity Exclusions

  1. Use of our Back Up Credit Card Merchant account.

    For Credit Card payments, we use the multi-currency WorldPay merchant facility to process credit payments for products or services through our web site. In some very rare circumstances, this merchant facility prevents us from taking payments in order to fulfill a produce and/or service ordered through our web site.

    In circumstances where we cannot take payment, we may attempt to bill service using our legacy (backup) credit card merchant, which is identified as "INSTRA COM REGISTRY SVCS". This merchant facility only supports payments in Australian Dollar ("AUD") currency. When payments are charged using this facility, the price we charge is converted into an Australian Dollar amount using a Foreign Currency Spot rate conversion, and charged to your credit card in Australian Dollars at the equivalent converted price. In these circumstances, a foreign transaction fee may be charged by your credit card provider. This fee is independent of Instra Corporation Pty. Ltd. and it may be charged as a separate fee or inclusive of the purchase price.

    It is important to understand that this additional fee may be added to the total amount charged, or listed as a separate fee on your credit card statement; however in most cases such fees do not exceed 3% of the total amount charged.

    A Tax Invoice indicating the AUD amount for your order may be provided on request.

  2. Refund Payments of Fees using our Back Up Credit Card merchant

    In the event that we find a billing irregularity where our legacy (back up) credit card merchant has been used, and where we determine that a full refund is necessary, we will refund the full amount we charged to your credit card using the refund feature in our Back Up Credit Card merchant. This means that funds will be returned directly to your credit card.

    As our merchant charges in AUD currency only, the refund amount will also be in Australian dollar too. The amount refunded will be exactly the same value we have charged in Australian Dollar, however due to frequent changes in the foreign currency exchange rate, the amount returned to you maybe greater or lesser than the original amount charged. In these circumstances, we do not consider the refund payment to be a billing irregularity.

    For refunds of this nature, a billing statement indicating the AUD amount refunded may be provided on request.

New Domain Name Launches

Instra Corporation Pty. Ltd. often participates with launches of new domain names. As a registrar that participates in these new launches, we may charge additional fees. These fees relate to additional charges that the Registry or up line provider charge us for participating in the new domain name launches.

New domain name launches are usually staged across several application periods which may include a several Sunrise Periods, a Landrush Period, and in some circumstances a Premium Names period.

Depending on the rules governing the launch of the new domain name, additional fees may apply which can include:

* A Sunrise Application Fee
* A Landrush Application Fee
* A Premium name Application fee
* An Domain Name Auction Fee

During new Domain Name launches, it is often possible for multiple applicants to apply for the same domain name during the Sunrise period, Landrush period, or Premium domain name periods - and such fees usually provide you with the rights to apply for this domain name jointly with other applicants. Such fees are generally charged by the up line provider, and we in turn pass these costs onto you.

In the event that we successfully submit your application to the registry or upline provider, and we receive confirmation that your application has been confirmed, your application fee cannot be refunded.

During these special application periods, we may also charge a domain name registration fee too. This fee is charged as a separate billing item, however if you are not successful in obtaining your domain name during these specific periods, the registration fee will be allocated as a credit, which you may use to register another domain name.

Trademark Clearinghouse

Instra Corporation Pty Ltd is an Authorised Agent of the Trademark Clearinghouse. Our role is to provide you with the necessary resources to assist you with validating your registered Trademark(s) with the Trademark Clearinghouse. We do this to ensure that you have the best possible chance of validating your Trademark(s) with the Trademark Clearinghouse.

As an Official Agent of the Trademark Clearinghouse, we are charged a non-refundable fee for each trademark that has been submitted for validation with the Trademark Clearinghouse. Our fees is inclusive of the Trademark Clearinghouse fees. Our fees still apply regardless of whether the trademark validation has been successfully approved or rejected by the Trademark Clearinghouse.

Should the Trademark Clearinghouse reject the validation of a previously submitted Trademark Validation order, we will permit you to re-submit your Trademark Validation order with revised content on the condition that we receive the revised submission within 14 days of the application being submitted to the Trademark Clearinghouse. We provide this once only re-submission service for no additional cost.

It should be noted any additional attempts outside of the initial submission or re-submission for a rejected Trademark Validation will result in an additional fee. This fee will also be non-refundable.

Credit Note Terms

For the majority of refund payments, a credit note will be applied to your account. A monetary value is assigned to the credit note. You may use this credit to purchase another product and/or service from our web site using the credit note.

You should be aware that unused credit notes will be forfeited 730 days (or 2 years) from the date that the credit note is added to your account.

For customers that have received a credit note prior to May 31 2012, where the credit note has been removed, you may request that we re-instate this credit note. Once the credit note has been re-instated, you must use this credit within 365 days of the credit note being re-applied to your account otherwise the credit note will be forfeited.

Should you wish to have the credit note returned as a monetary unit to your Credit Card or PayPal account, Instra Corporation Pty. Ltd. will retain 20% of the value assigned to the credit note in order to recover all associated banking and administration costs in relation to processing the refund.