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Ding Dong! Melbourne IT AUDA director gone

snoopy

Top Contributor
Some good news from AUDA today,

After a thorough interview process undertaken by an independent executive search firm, we would like to welcome Gavin Gibson, Dreamscape Networks and Crazy Domains - Chief Operations Officer and Executive - as a new Supply Class Board Director. Mr Gibson will replace Kartic Srinivasan who resigned his position on the Board, after taking a role outside of the Domain Name industry.

I'd love to know if the "resignation" part was accurate or not.
 

DomainNames

Top Contributor
It seems very strange. How are replacements for auDA Supply Board Directors and their associated companies they represent chosen? Did all the supply members vote? Was Gavin at Crazy Domains when all of this was happening ?

I am not sure if Crazy Domains is a suitable Supply Board Member. Gavin might be but perhaps in light of this information Crazy Domains or Dreamscape, Web Address Registration etc etc may not?

Probably before the new CEO's time and not to his knowledge. Others at auDA should have know the auDA history but?

https://www.auda.org.au/search/result/?Search=crazy+domains
https://www.auda.org.au/news/breach-of-registrar-agreement-by-crazy-domains/
https://www.auda.org.au/news/further-breaches-of-registrar-agreement-by-crazy-domains
https://www.auda.org.au/news/information-about-crazy-domains-pty-ltds-breach-of-registrar-agreement/
Information about Crazy Domains Pty Ltd's breach of Registrar Agreement
Posted by auDA on 10 February 2014

Updated on 29/09/16
auDA acknowledges the report produced by independent registered company auditors HLB Mann Judd in 2014 and 2015 to audit Web Address Registrations’ compliance with the Deed of Undertaking in July 2013 (refer to below). The audit reports found Web Address Registration had achieved compliance with the requirements as noted in the Deed, in areas where it was previously non-compliant.

Updated on 10/02/14
The Deed of Undertaking that Crazy Domains Pty Ltd (now called Web Address Registration Pty Ltd) entered into in July 2013 (see below) required the company to, at its own cost, engage an independent registered company auditor approved by auDA to audit its compliance with the Deed over a two year period.

The first audit was conducted by company auditors HLB Mann Judd in December 2013. The audit report found that Web Address Registration had complied with the requirements of the Deed, although some items were not completed within the specified timeframes.

The next audit is due to take place in July 2014.

Updated on 29/07/13
Over the weekend of 26-28 July 2013, corrective notices and invoices were sent to Crazy Domains customers, as required by the Deed of Undertaking (refer to information below).

It was brought to auDA's attention that the re-issued invoices were not in the form approved by auDA.

The error was rectified on 29 July 2013, and correct invoices have now been re-issued to Crazy Domains customers.

As announced on 11 July 2013, auDA has determined that Crazy Domains Pty Ltd has breached its obligations under the Registrar Agreement:

  • to comply with all applicable law (in particular the Australian Consumer Law)
  • to comply with the .au Domain Name Suppliers' Code of Practice; and
  • to act in good faith in its dealings with auDA.

auDA’s determination is based on the following facts:

From 8 December 2011 to 2 September 2012:
  • Crazy Domains Pty Ltd was the auDA accredited registrar
  • the name and branding of the website at www.crazydomains.com.au represented to consumers that they were dealing with and entering into contracts with the registrar Crazy Domains Pty Ltd
  • consumers registering .au domain names through the Crazy Domains-branded website at www.crazydomains.com.au were dealing with and entering into contracts with the registrar Crazy Domains Pty Ltd
  • the invoices to consumers were issued by Carlayan Pty Ltd and Dreamscape Networks FZ-LLC
  • the invoices misstated the identity of the supplier of the service and did not amount to proper tax invoices under the A New Tax System (Goods and Services Tax) Act 1999.
From 3 September 2012:
  • Crazy Domains Pty Ltd was the auDA accredited registrar
  • the name and branding of the website at www.crazydomains.com.au represented to consumers that they were dealing with and entering into contracts with the registrar Crazy Domains Pty Ltd
  • Crazy Domains Pty Ltd, without auDA's knowledge or consent, permitted its reseller Dreamscape Networks FZ-LLC, a foreign company registered and resident in Dubai, to assume control of the Crazy Domains-branded website at www.crazydomains.com.au
  • consumers registering .au domain names through the Crazy Domains-branded website at www.crazydomains.com.au were dealing with and entering into contracts with the reseller Dreamscape Networks FZ-LLC
  • the invoices to consumers were issued by Dreamscape Networks FZ-LLC.

These facts were not fully disclosed by Crazy Domains Pty Ltd until June 2013, after auDA commenced its investigation into possible breaches of the Registrar Agreement in February 2013.

auDA has required Crazy Domains Pty Ltd to enter into a Deed of Undertaking setting out the actions that it or Dreamscape Networks FZ-LLC must take in order to rectify its breaches of the Registrar Agreement:

  • prominently publish a corrective notice on the website at www.crazydomains.com.au
  • change the Terms of Service on the website at www.crazydomains.com.au so that they make it clear that services are being provided by Dreamscape Networks FZ-LLC
  • change the company name of Crazy Domains Pty Ltd to a name that is not confusingly similar to the Crazy Domains branding used by Dreamscape Networks FZ-LLC*
  • send notices to all registrants of .au domain names registered or renewed by Crazy Domains Pty Ltd since 8 December 2011 informing the registrant of the true position, including the name of the entity with whom they have contracted
  • issue proper Tax Invoices to all .au domain name registrants who registered or renewed .au domain names through Crazy Domains Pty Ltd between 8 December 2011 and 2 September 2012
  • Crazy Domains Pty Ltd (and not Dreamscape Networks FZ-LLC) to issue renewal notices to registrants of .au domain names registered prior to 3 September 2012
  • for a period of 2 years:
    • not commit any material breach of the Registrar Agreement or make any omission which amounts to a material breach of the Registrar Agreement
    • not engage in any conduct in relation to the promotion, supply or registration of .au domain names which would contravene the Australian Consumer Law or any other law
    • implement an effective compliance program in its business to ensure that the the Code of Practice and auDA Published Policies, and the Australian Consumer Law are complied with in relation to the promotion and supply of .au domain names
    • ensure that Dreamscape Networks FZ-LLC complies with its reseller obligations
    • at its own cost, engage an independent registered company auditor approved by auDA to audit its compliance with the Deed of Undertaking .
* The name of the company was changed on 5 July 2013 to Web Address Registration Pty Ltd (ACN 154 051 699).
 

DomainNames

Top Contributor
https://www.auda.org.au/news/breach-of-registrar-agreement-by-crazy-domains/
Breach of Registrar Agreement by Crazy Domains
Posted by on 11 June 2013

auDA has found that accredited registrar Crazy Domains Pty Ltd has breached its obligations under the Registrar Agreement to comply with the .au Domain Name Suppliers’ Code of Practice and all applicable laws.

It has recently come to auDA’s attention that since late October 2012:

  • the business conducted at the Crazy Domains-branded website at www.crazydomains.com.au has been owned and operated by or on behalf of Dreamscape Networks FZ LLC, a foreign company registered and resident in Dubai; and

  • customers who have registered a .au domain name through the Crazy Domains-branded website at www.crazydomains.com.au have entered into a contract with Dreamscape Networks FZ LLC and not Crazy Domains Pty Ltd, and have been issued with invoices which are not proper Tax Invoices for the purposes of GST legislation.
After auDA advised Crazy Domains Pty Ltd of its concerns and investigation, Crazy Domains Pty Ltd advised auDA in late April that Dreamscape Networks FZ LLC is one of its appointed resellers.

In auDA’s view, Crazy Domains Pty Ltd has permitted Dreamscape Networks FZ LLC to trade as a reseller using the domain name crazydomains.com.au and the website www.crazydomains.com.au in a way which would lead a reasonable member of the public seeking to register a .au domain name to believe that they are dealing with the accredited registrar Crazy Domains Pty Ltd and not the reseller Dreamscape Networks FZ LLC.

auDA considers that Crazy Domains Pty Ltd’s and Dreamscape Networks FZ LLC's conduct in this regard is likely to mislead consumers and contravenes the Australian Consumer Law and that Crazy Domains Pty Ltd is involved in the contraventions by Dreamscape Networks FZ LLC.

auDA also considers that both Crazy Domains Pty Ltd and Dreamscape Networks FZ LLC have breached clause 7.2 of the .au Domain Name Suppliers’ Code of Practice (2004-04), by not supplying information about products that is clear, accurate, complete and not confusing, misleading or deceptive. Under the terms of the Registrar Agreement, accredited registrars are responsible for the conduct of their appointed resellers.

auDA has issued a formal Notice of Breach to Crazy Domains Pty Ltd requiring it to ensure that its reseller Dreamscape Networks FZ LLC takes action to correct the misleading nature of the Crazy Domains-branded website at www.crazydomains.com.au.

auDA is continuing its investigation of a number of other possible breaches by Crazy Domains Pty Ltd of its Registrar Agreement.
 

DomainNames

Top Contributor
https://au.trustpilot.com/review/crazydomains.co.uk
Crazydomains reviews
Bad 1.9 from 0 - 10

49 reviews on Trustpilot

https://www.google.com.au/?gfe_rd=c...d=ssl#safe=active&q=CRAZY+DOMAINS+complaint&*
 

snoopy

Top Contributor
It seems very strange. How are replacements for auDA Supply Board Directors and their associated companies they represent chosen? Did all the supply members vote? Was Gavin at Crazy Domains when all of this was happening ?

That is a good question, because if the rest board are making the decision that is highly inappropriate. The position should be vacant until an election can occur, of course that may prevent a problem for the revolving door that is Auda.
 

Lemon

Top Contributor
That is a good question, because if the rest board are making the decision that is highly inappropriate. The position should be vacant until an election can occur, of course that may prevent a problem for the revolving door that is Auda.

19.7 Casual Vacancies
a. Subject to clauses 15.3 and 19.1, any vacancy occurring in the Board whether by death, resignation or otherwise shall be filled within three (3) calendar months of the vacancy occurring (or such longer period as the Board may otherwise resolve) by the remaining Directors. The natural person filling the vacancy will be appointed for the remainder of the term of office of the Director who created the vacancy.
b. All such appointments shall be made by instrument executed by all of the surviving or continuing Board.
c. The continuing Directors may act notwithstanding any vacancy in their body but should the number of Directors fall below the minimum number fixed in accordance with this Constitution the Directors may act for the purpose of increasing the number of Directors to the minimum of summoning a general meeting of auDA or in emergencies but for no other purpose.
 

snoopy

Top Contributor
19.7 Casual Vacancies
a. Subject to clauses 15.3 and 19.1, any vacancy occurring in the Board whether by death, resignation or otherwise shall be filled within three (3) calendar months of the vacancy occurring (or such longer period as the Board may otherwise resolve) by the remaining Directors. The natural person filling the vacancy will be appointed for the remainder of the term of office of the Director who created the vacancy.
b. All such appointments shall be made by instrument executed by all of the surviving or continuing Board.
c. The continuing Directors may act notwithstanding any vacancy in their body but should the number of Directors fall below the minimum number fixed in accordance with this Constitution the Directors may act for the purpose of increasing the number of Directors to the minimum of summoning a general meeting of auDA or in emergencies but for no other purpose.

Cheers, I think is a pretty big issue where existing directors are choosing other directors, especially give the current supply stacked board. Part of the reason why it is so supply stacked as that there is supply members and directors also voting as demand members.

Then you have stuff like this that just makes it look like people don't take AUDA seriously at all,

AusRegistry Group Pty Ltd Demand
AusRegistry Pty Ltd Supply

No wonder we now have people's long lost cousins or pet labrador's signing up for an AUDA membership.
 

Lemon

Top Contributor
Membership Classes
auDA has two classes of members:
  • Supply Class. For companies, associations and individuals who are Registry Operators, auDA Accredited Registrars or appointed resellers of an Accredited Registrar.
Please Note: Only one entity within a group of related entities may be a Supply Class member of auDA. For example, if an auDA Accredited Registrar owns a reseller, then either the Registrar or the reseller (not both) may be a Supply Class member.
  • Demand Class. For companies, associations and individuals who are not Registry Operators, auDA Accredited Registrars or appointed resellers of an Accredited Registrar.

Just browsing through the members list and matching it with the appointed resellers search tool it seems to me that there are a number of "Demand Class" members who are actually appointed resellers. This is the first thing auDA should be sorting out as their membership class should be changed and they should not be allowed to vote as a demand class member.

Demand Class. For companies, associations and individuals WHO ARE NOT Registry Operators, auDA Accredited Registrars or appointed resellers of an Accredited Registrar

9.5 Qualification for Demand Class Membership
Any Legal Person that does not qualify for Supply Class membership may apply to be a Demand Class Member.
 

Bacon Farmer

Top Contributor
Demand class needs to be amended to prevent those who "work for" supply side companies or have close relatives, like brother and wife as is the case with current directors.

Now that's a conflict of interest isn't it Erhan?
 

johno69

Top Contributor
Just browsing through the members list and matching it with the appointed resellers search tool it seems to me that there are a number of "Demand Class" members who are actually appointed resellers.

I am a demand class member with a reseller account.

I use it for the pricing more than selling. I don't openly sell domains. Sure if a client wants a new website built I'll manually grab them one.

95% of the domains in there are my own or belong to one of two companies I own. The rest are registered to clients who have transferred to me for ease of me managing their domain renewals along with their hosting & website maintenance.

Are you saying I should be outed as a demand class member?

I'm 100% demand in my eyes. I demand on behalf of a few select clients and my own interests.
 

Lemon

Top Contributor
I am in the same situation as you and I consider my accounts as wholesale accounts as opposed to reseller accounts as I do not sell domains to the public but manage client domains and my own,

My opinion is that if members are listed as a reseller with auDA in their reseller search tool then that member is an officially appointed reseller according to auDA which makes that member supply according to the rules.

auDA has a meaning of reseller policy
which you probably don't fall under anyway as I don't either.

On the plus side if your companies are listed as a reseller each company could join auDA as a supply member and you can still be a demand member as an individual which gives you 3 votes plus you could get all your clients to join as members too.

As it stands the only say we get in the matter is at the AGM and voting for new directors so it matters neither way as demand members can stand as a supply director.

Personally the whole membership thing needs to be looked at because as we all know there are members who sit on both supply and demand which probably is not the way to go even if it is within "The Rules"
 

johno69

Top Contributor
Yes my company is listed there. I manage plenty of domains but don't really sell to the public.
 

DomainNames

Top Contributor
I am in the same situation as you and I consider my accounts as wholesale accounts as opposed to reseller accounts as I do not sell domains to the public but manage client domains and my own,

My opinion is that if members are listed as a reseller with auDA in their reseller search tool then that member is an officially appointed reseller according to auDA which makes that member supply according to the rules.

auDA has a meaning of reseller policy
which you probably don't fall under anyway as I don't either.

On the plus side if your companies are listed as a reseller each company could join auDA as a supply member and you can still be a demand member as an individual which gives you 3 votes plus you could get all your clients to join as members too.

As it stands the only say we get in the matter is at the AGM and voting for new directors so it matters neither way as demand members can stand as a supply director.

Personally the whole membership thing needs to be looked at because as we all know there are members who sit on both supply and demand which probably is not the way to go even if it is within "The Rules"

You are correct.

Why the large increase in Demand class members over the last few years? The reason from cross matching shows many Supply members had themselves, their staff, their frends, other related entitries join also as " demand" members. Those associated "Supply/ Demand" members in many cases appear to have been the main culprits proactively pushing for the proposed competing .au extension.

By member stacking both Demand and Supply these parties can sway votes, policy, surveys, information etc.

I would like to know how many Ausregistry Neustar, Melbourne IT etc staff, family, associated entities have signed up as Demand members and why.

I also want to know who these "Supply/ Demand" members voted for in the Demand class and what that Demand Class board member's position is on;
1. The Proposed additional competing Direct .au extension
2. The Wholesale Registry Tender / Non Tender
3. Wholesale pricing
4. https://www.dntrade.com.au/threads/...gestions-for-auda-and-board.11047/#post-82451

The fact is it appears many people have been on the auDA board for a long time and nothing has improved, in many cases it appears to have gotten worse. Where where all these people when all of the now exposed auDA issues where happening for 17 years? Where they on the board for some or all of this time?

After Melbourne IT "yes only vote rigged" the recent proposed additional competing .au extension survey results They should have been immediately removed in my opinion and that includes any associated entity. It was a clear conflict oif interest sending out Yes Only Vote survey forms which greatly increased numbers. The information on that email they sent out also is in my opinion false and misleading. It claimed the .uk and .nz was " remarkably successful" and as such the proposed .au would also be. that claim is 100% not true as the .uk and .nz official statistics prove.
 

DomainNames

Top Contributor
This is why we need Ned and others like him to be active and keep the transparency and accountability happening. His blog at least got out a lot of information largely hidden. Hats off to Ned's efforts over the years. He did a great service to Australian domain name consumers and "true" demand members ( not "supply" stacked "demand" members).

http://www.domainer.com.au/whats-going-on-at-auda/
http://www.domainer.com.au/more-fun-games-at-auda/

"Item 13 – Membership

We can’t win. Everyone (including the auDA Board), is keen on increasing membership. So when some of us go out there and beat the drum to our constituencies and generate many membership applications, this is the comment that appears in the Minutes (bolding is mine):


“The Board noted the unusually high number of membership applications received since the last Board meeting. It was agreed that issues regarding the potential for membership stacking and capture are a matter for the Risk Committee to review and report to the Board in due course”.
And who was on the auDA Risk Committee for so many years while things have been happening?? Ausregistry/ Neustar and Melbourne IT! 2 Supply members and just 1 Demand member ( Simon Johnson)! 2 MULTI $ BILLION SUPPLY COMPANIES VERSES 1 DEMAND WAS TOTALLY UNBALANCED.

HANG ON? WHERE ARE ALL THE PUBLIC AUDA RISK COMMITTEE DOCUMENTS NOW FROM THE AUDA WEBSITE? ALL DELETED?

 

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