hi,

perhaps you should inform the non-subscriber that auDA require
that the registrant has a direct contract with the registrar.
so ordinarily he would be correct but not in the .au case.


Vic

Kim Davies [kim§cynosure.com.au] wrote:
> 
> Post from a non-subscriber...
> 
> kim
> 
> --
> http://www.kjd.info

> 
> > Return-Path: <km&#167;km.com.au>
> > Received: (qmail 355 invoked by uid 102); 13 Aug 2002 22:08:36 -0000
> > Received: from mta06bw.bigpond.com (139.134.6.96)
> >   by ns1.auda.org.au with SMTP; 13 Aug 2002 22:08:36 -0000
> > Received: from km.com.au ([144.135.24.87]) by
> >           mta06bw.bigpond.com (Netscape Messaging Server 4.15 mta06bw May
> >           23 2002 23:53:28) with SMTP id H0SYUA00.G4B; Wed, 14 Aug 2002
> >           08:08:34 +1000
> > Received: from 144.139.77.156 ([144.139.77.156]) by bwmam07.mailsvc.email.bigpond.com(MailRouter V3.0n 56/44084068); 14 Aug 2002 08:08:27
> > Message-ID: <3D5983E8.C51EBEA8&#167;km.com.au>
> > Date: Wed, 14 Aug 2002 08:10:48 +1000
> > From: Kelvin Markham <km&#167;km.com.au>
> > Organization: Salamanca Promotions
> > X-Mailer: Mozilla 4.7 [en] (Win95; I)
> > X-Accept-Language: en
> > MIME-Version: 1.0
> > To: dns&#167;lists.auda.org.au
> > Subject: Re: [DNS] Melbourne IT - slow speed, laxsecurity and poor quality of
> >  service
> > References: <3D52BAF300003B8D&#167;mta07.san.yahoo.com>
> > Content-Type: text/plain; charset=us-ascii
> > Content-Transfer-Encoding: 7bit
> > 
> > I don't see the reseller relationship as an agency at all, the reseller
> > purchses a service at wholesale (a price advantage for buying in 'bulk')
> > and then resells at a price they negotiate on their own behalf. This is
> > not an 'agency', the reseller is acting as principal, setting their own
> > prices according to the market. If it were an agency, the registrant
> > would set the price, the reseller would collect the money on behalf of
> > the registrant and the registrant would pay the reseller a commission or
> > fee for their assistance, and the customer would 'belong' to the
> > registrar. On the contrary, the arrangment as it stands means that the
> > end user customer 'belongs' to the reseller, not the registrar, and
> > apart from administering the domain, the registrar has no business or
> > right to contact the customer and solicit their business directly.
> > Otherwise I believe they are not looking after their real 'customer',
> > who is not the registrant, actually it is the reseller. Get it?
> > 
> > KM
> > 
> > Jon Lawrence wrote:
> > >
> > > As the registration agreement is between the registrant and the registrar,
> > > the reseller is then acting as an agent of the registrar.
> > >
> > > Surely then the registrar is contractually bound to service the registrant
> > > under the terms of that registration agreement, in the case where the registrant
> > > elects to no longer deal with the reseller?
> > >
> > > jon
> > >
> > > >-- Original Message --
> > > >Reply-To: dns&#167;lists.auda.org.au
> > > >Date: Tue, 13 Aug 2002 17:07:13 +0200
> > > >From: Kim Davies <kim&#167;cynosure.com.au>
> > > >To: dns&#167;lists.auda.org.au
> > > >Subject: Re: [DNS] Melbourne IT - slow speed, laxsecurity and poor quality
> > > >of service
> > > >
> > > >
> > > >Quoting Ian Smith on Wednesday August 14, 2002:
> > > >|
> > > >|  > There are really only three parties. If you choose to use a Reseller
> > > >|  > instead of going direct, that's your own fault. There will also be
> > > >|  > people reselling products no matter what it is.
> > > >|
> > > >| What if a domain's registrar says that you won't be able to deal with
> > > >| them directly, but must use one of their resellers?
> > > >
> > > >Well, when I say "it's your own fault" I don't mean to imply going
> > > >through a reseller is always bad. If a registrar wants to be wholesale
> > > >only I don't see any problem with that. But the reseller should be clear
> > > >to the end user whom they are actually entering a contract with.
> > > >
> > > >kim
> > > >
> > > >---------------------------------------------------------------------------
> > > >List policy, unsubscribing and archives => http://www.auda.org.au/list/dns/
> > > >Please do not retransmit articles on this list without permission of the
> > > >
> > > >author, further information at the above URL.  (355 subscribers.)
> > > >
> > >
> > > ---------------------------------------------------------------------------
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> > > Please do not retransmit articles on this list without permission of the
> > > author, further information at the above URL.  (355 subscribers.)
> > 
> > --
> > Kelvin Markham
> > 
> > Phone: 0419 152 612
> > 121 A Main Rd.,
> > Austins Ferry,
> > Tasmania 7011
> 

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