The ORG.ZA domain is for South African non-commercial organisations, including but not limited to charities, NGOs, Section 21 companies, trade and industry associations, trade unions, political parties and religious organisations.
The Contact Details for the Domain Owner, the Administrative Contact, and the Technical Contact for the Domain Name are required. The contact details will include Postal Addresses, Telephone numbers, and E-Mail Addresses. The E-Mail Address of the Organisation (or indiviual) that will be billed for the Registration is also required.
There are two basic ways to register a Domain Name. The Domain Name can either be hosted with an ISP or a Hosting Company or the new Domain Name can be aliased to an existing Domain Name.
If the Domain Name is to be used immediately then it is advisable to talk to one of the ISP's or Hosting Companies about hosting the Domain Name. Most ISP's will complete the Registration Form on the applicant's behalf. If the ISP or Hosting Company requires that the applicant submit the Registration Form, then the applicant should get the Nameserver Details from the ISP and ensure that the Domain Name is set up on the Nameservers that were provided by the ISP.
TERMS AND CONDITIONS
for Domains registered in the CO.ZA Domain Name Space
As at Fri Oct 9 17:28:22 CAT 1998
1.1 "Agreement" means the Application read together with these terms and conditions;
1.2 "Applicant" means the party making application for the registration or update of its Domain Name in terms of this Agreement;
1.3 "Application" means the application for the registration or update of a Domain Name submitted by the Applicant and to which these terms and conditions apply;
1.4 "Domain Name" means domain names in the ".co.za" namespace of the Internet, including all other subdomains of ".za" that are administered by UniForum SA;
1.5 "effective date" means, in respect of the registration or update of a Domain Name, the date on which such registration or update is registered by UniForum SA (as evidenced by an electronic message from UniForum SA to Applicant confirming same), provided that UniForum SA receives payment of the fees in respect of such registration or amendment within the period contemplated in clause 3;
1.6 "UniForum SA" means UniForum SA (Association Incorporated under Section 21), Registration No 88\04299\08;
2. UniForum SA is responsible for assigning domain names in the ".co.za" namespace of the Internet. These terms and conditions apply to the use and registration of Domain Names.
3.1 Applicant shall, within 30 (thirty) days of submitting its application, pay the then current fee in respect thereof, as determined by UniForum SA from time to time. In addition, Applicant shall, within 30 (thirty) days of the anniversary of the effective date pay an annual maintenance fee, as determined and published by UniForum SA from time to time, in respect of the Domain Name registration.
3.2 Should applicant fail to pay any of the fees contemplated in this clause 3 within the periods stated herein, UniForum may, without derogating from any other right which it may have in terms of this Agreement or otherwise, and without notice, de-register the Applicant's Domain Name.
4. UniForum SA shall under no circumstances whatsoever be obliged to determine the right of the Applicant to register a Domain Name. Domain Names are registered on a "first come, first served" basis and registration of a Domain Name by UniForum S.A shall in no way constitute any indication or warranty of Applicant's right to utilise such name.
5. Applicant's Warranties & Indemnity
5.1 Applicant hereby irrevocably represents, warrants and agrees as that:
5.1.1 its statements in the Application are true and correct;
5.1.2 it has the right without restriction to use and register the Domain Name requested in the Application;
5.1.3 it has a bona fide intention to use the Domain Name on a regular basis on the Internet;
5.1.4 the use or registration of the Domain Name by Applicant does not or will not interfere with, nor infringe the right of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright or any other intellectual property right;
5.1.5 it is not seeking to use the Domain Name for any unlawful purpose whatsoever, including, without limitation, unfair competition, defamation, passing off or for the purpose of confusing or misleading any person;
5.1.6 at the time of the initial submission of the Domain Name request, and at all material times thereafter, it shall have an operational name service from at least two operational Internet servers for that domain name. Each server is and will continue to be fully connected to the Internet and capable of receiving queries under that Domain Name and responding thereto;
5.1.7 it has selected its Domain Name without any input, influence or assistance from UniForum SA.
5.2 Pursuant to the above warranties, Applicant hereby agrees that it shall defend, indemnify and hold harmless UniForum SA, its 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 shall include, without limitation, those based upon tradename infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. UniForum SA agrees to give Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. Applicant agrees that UniForum SA shall be defended by attorneys of UniForum SA's choice at Applicant's expense, and that Applicant shall advance the costs incurred in such litigation, to UniForum SA on demand from time to time.
6. UniForum SA gives no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaims all such warranties, whether express or implied.
7. Applicant agrees that UniForum SA shall have the right to withdraw the Domain Name from use and registration on the Internet:-
7.1 in the circumstances contemplated in clause 3;
7.2 should UniForum SA receive an order by any competent court having jurisdiction that the Domain Name rightfully belongs to a third party or infringes a third party's rights;
7.3 should Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from UniForum calling upon it to do so;
7.4 should Applicant not make regular use, as determined by UniForum SA in its reasonable discretion, of its assigned Domain Name for a period of 90 (ninety) days or more.
8. Applicant acknowledges that all information provided to UniForum SA in the Application may be published by UniForum SA on its website at http://co.za and Applicant hereby irrevocably and without limitation consents to the publication of such information.
9. Under no circumstances whatsoever shall UniForum SA be obliged to:-
9.1 act as an arbiter of disputes arising out of the registration and use of the Domain Name;
9.2 refund any fees paid by the Applicant once the registration or amendment, as the case may be, in respect of which such fees are paid, has been effected by UniForum SA.
10. Should UniForum SA be presented with evidence that indicates that a Domain Name registered to Applicant violates the rights of a third party, UniForum SA shall be entitled to provide the complainant with Applicant's name and address and all further communication will exclude UniForum SA and UniForum SA will have no further obligations to the Applicant or complainant.
11. UniForum SA WILL UNDER NO CIRCUMSTANCES WHATSOEVER AND HOWSOEVER ARISING BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (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 UniForum SA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE AFOREGOING, UniForum SA's LIABILITY FOR DIRECT DAMAGES ARISING OUT OF THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED THE REGISTRATION OR AMENDMENT FEE, AS THE CASE MAY BE, PAYABLE BY APPLICANT.
12. The Applicant hereby consents to the jurisdiction of the High Court of South Africa sitting at Pretoria for the adjudication of any legal dispute between UniForum SA and Applicant and these terms and conditions will be construed and interpreted in accordance with the law of the Republic of South Africa.
13. These terms and conditions may only be varied or cancelled with the express written consent of UniForum SA.
14. Without derogating from the aforegoing, Applicant hereby acknowledges that UniForum SA may alter, delete or supplement ("amend") these terms and conditions by publishing such amendments on the UniForum SA website at http://co.za from time to time. Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify UniForum of Applicant's wish not to be bound by such amended terms and conditions within 30 (thirty) days of such amendment being published, it shall conclusively be deemed to have acceded and agreed to the amendments thus published.
15. 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.
I have discovered that someone has registered a domain name similar to mine and is now offering identical goods and/or service on the associated web site. What do I stand to do?
The best possible solution would be to contact an attorney so that he/she may assess the merits of your case and provide you with a suitable course of action. Please note further that UniForum SA cannot assist you in this regard as we are prevented from doing so due to our Terms & Conditions (specifically clause 9.1)
I want to dispute the registration of a domain but cannot seem to reach the Registrant, no matter what I try. What now?
The possibility exists that the domain name Registrant no longer exists or has provided inaccurate contact details, which would be contrary to the CO.ZA Terms & Conditions of Registration. If the situation warrants it and at UniForum SA's sole discretion, the Registrant may be requested to provide new, accurate contact details.
You may request UniForum to do so by fax, by supplying detailed evidence of the steps you have taken in order to attempt to contact the Registrant, and how these attempts have proved unsuccessful. If UniForum SA is satisfied that you have taken all reasonable steps to contact the Registrant but have been able to do so, notice will be given to the Registrant to provide updated and accurate contact details with a minimum 14 Days, failing which the domain name may (at UniForum SA's sole discretion) be deleted or withdrawn.
I have a specific interest in a domain name registered to someone else. It appears that the domain name is set to be suspended and subsequently deleted due to non payment. When will the domain name be deleted and can I reserve it should this happen?
UniForum SA expects all domain name Applicant's to settle outstanding registration fees within 30 days after registration (clause 3.1). Should the Applicant neglect to do so, he/she runs the risk of loosing the domain name due to deletion. Parties that are interested in obtaining the domain name are welcome to monitor its Billing Status, and to apply for the registration of the domain name as soon as it reverts back into the public domain due to deletion. These domain names will be allocated on a "first come first served" basis only, and the reservation of registered domain names is neither permitted nor possible. Domain names cannot and will not be deleted on request.
Note: A table of the scheduled invoicing, suspension and deletion runs is available on our web site here
A domain name Applicant has not associated his domain name with an Internet web site, nor does he have any plans to do so in the near future. Is this contrary to UniForum SA Policy, and what do I stand to do?
In accordance with clause 5.1.3 of the CO.ZA Terms and Conditions: "Applicant warrants that it has a bona fide intention to use the domain name on a regular basis on the Internet". The question is therefor not whether the domain name has actually been used on the Internet, but rather whether the Applicant has the intention to do so on a regular basis.
I am interested in purchasing a domain name, but the current Applicant wants too much money for it. Is this illegal or contrary to UniForum policy?
The sale of descriptive or desirable domain names that do not infringe anyone else's rights due to their "generic" nature is not illegal. Although UniForum SA does not condone the practice of domain name brokerage, it is not per se against UniForum SA Policy.
The above must however be differentiated from practices where proprietary names, such as trade marks and company names, are held at ransom for monetary or other reward. This constitutes cybersquatting and will in all likelihood amount to an illegal action. If this is indeed the case, you are urged to seek legal assistance and advice.
My domain name was initially registered and administered by an ex-employee of mine. The problem is that since he is no longer here, and his email no longer exists I have no control over the domain name. To make matters worse I cannot track this ex-employee for assistance. What do I do?
It is extremely important to keep your domain name particulars as up-to-date and accurate as possible, as they serve as the only point of contact that UniForum SA has with you.
UniForum SA may consider intervening in this instance on condition that a formal request is received in writing, accompanied by a sworn affidavit by one of the domain name contact persons, or alternatively the managing director / member of the registrant.
Does UniForum SA have a Domain Name Dispute Resolution Policy (DNDRP)?
There is no existing DNDRP available in South Africa at the moment, and your only recourse (except as indicated above) would be to seek recourse through the courts. Notwithstanding this, UniForum SA is investigating the feasibility of implementing a DNDRP, and hopes to have clarity on the issues early next year.
I recently submitted an electronic update for a particular domain name, but the Technical Contact denied the request and the update failed. I am the owner of this domain what rights do I have?
The CO.ZA domain name registration and administration process prescribes that the person ultimately responsible for a particular domain name (the person listed on line 2a.) should provide both administrative and technical contact details. These contact details serve as the elected address and point of contact for UniForum SA to communicate both technical and administrative issues to the owner.
It is further a standard practice in the Internet industry, and therefore not uncommon, that the owner of a domain name appoints representatives or agents to fulfill the administrative and technical functions. In particular, it is incumbent upon the Administrative contact to deal with all administrative issues relating to a particular domain name, and it is further incumbent on UniForum SA to respect and give effect to the decision made by this representative.
Without derogating from the above, should a conflict exist between the decisions of the "owner", administrative contact and the technical contact, UniForum SA will respect the decision of the "owner" (person listed on line 2a.). Should the identity of the "owner" be disputed the decisions of the contact persons will be implemented as per standard ticket acceptance procedures.
I was alarmed to find out that my domain name has been registered in the name of my ISP and not my own. What is UniForum SA's view on this, and what do I stand to do?
This is quite a common problem in the CO.ZA domain. We continually urge ISP's and other agents not to register domain names in their own names if they are acting on behalf of a client. The correct way would be for the "True" Applicant (The company instructing the ISP, and being the company who ultimately makes regular use the domain name) to be listed in the domain name particulars as the " Applicant", and possibly the Administrative contact. The ISP's particulars can be included as the Technical Contact Person.
Due to the CO.ZA registration process being largely automated, UniForum SA does not (and cannot be expected to) examine the correctness of domain name applications. We must therefor respect that the listed "Applicant" of a particular domain name is the person or entity to whom the domain name service is owed. If the listed "Applicant" happens to be your ISP or agent, you are urged to approach them immediately requesting that they correct the domain name particulars reflecting you or your company as the " Applicant".
You may alternatively, if you wish to transfer the domain name yourself, request the current "Applicant" to provide you with authorization to transfer the domain name. In this regard it is extremely important to note that UniForum SA will not consider the manual update of a domain name unless it receives written authority from the current "Applicant" on its official letter head. If the current "Applicant" is a natural person (not a company) a copy of their ID Document/Passport needs to accompany the letter from the individual. Should neither document be available, a Sworn Affidavit from the "Applicant" is required.
It is also pertinent to note that there must be no outstanding amounts due for the domain in question.
(Note: An official letterhead should, amongst others, contain: the company registration number and an indication of all the members or directors.)
If you can't find the answer above, you can e-mail the UniForum SA Legal Department