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Submission: On May 18 via api from US — Scanned from AU
Submission Tags: phishing
Submission: On May 18 via api from US — Scanned from AU
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Dreamscape Networks International Pte Ltd Reseller Partner Agreements [ Print This Page ] BY SIGNING UP ON THE WEBSITE, THE USER BEING THE NEW RESELLER (Reseller) IS TAKEN TO HAVE AGREED TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT IN ADDITION TO THE STANDARD TERMS AND CONDITIONS FOUND AT https://policy.secureapi.com.au/?site=dreamscape, AND IRREVOCABLY AGREE TO BE BOUND BY BOTH UPON THE ACCEPTANCE OF THESE TERMS. THE RESELLER AGREEMENT IS BETWEEN: Dreamscape Networks International Pte Ltd whose registered office is 3 Irving Road #09-01, Singapore 369522 ("Dreamscape Networks International Pte Ltd" or "we") And THE PARTY NAMED IN THE SCHEDULE ("Reseller" or "you") 1. Appointment of Reseller 1.1 Appointment 1.2 Term 2. Reseller's obligations 2.1 Support 2.2 Compliance with auDA, ICANN, DNC, NOMINET and SGNIC policies 2.2.1 Website contact details requirements 2.3 Receipt of complaints 2.4 Insurance 2.5 Minimum accounts 3. Grant of domain name applications 3.1 How domain name applications to be assessed 3.2 Registrant agreement 3.3 Submission of applications to Dreamscape Networks International Pte Ltd 3.4 Notification of registration or non-registration to registrant 3.5 Order processing time 3.6 Bulk domain name transfers 3.7 Transfer of domain names 3.8 Authorisation keys 4. Impermissible conduct by reseller 4.1 Unsolicited contact or registration 4.2 Non-compliant registrations 5. Relationship of parties 5.1 No legal partnership 5.2 No fiduciary relationship 5.3 Reseller not a registrar or registry 5.4 Registrar to be identified 5.5 Taxation 6. Use of registrant information 6.1 Reseller to keep registration details accurate 6.2 Not to misuse 6.3 Not to claim intellectual property rights 6.4 Copyright material 7. Fees 7.1 Calculation of fees 7.2 Non-payment of fees 7.3 Payment chargebacks 7.4 Credit Payout 7.5 Refunds 8. Other products 9. Confidentiality 10. Implied terms 11. Exclusions 11.1 Limitation of liability 11.2 No representations 11.3 Indemnity 11.4 Transfer of clients to Dreamscape Networks International Pte Ltd 11.5 Downtime 11.6 Employees 11.7 Pricing adjustments 11.8 Domain misspelling 11.9 Domain transfers 12. Termination 12.1 Termination 13. Miscellaneous provisions 13.1 Interpretation 13.2 Time 13.3 Further acts 13.4 Governing law 13.5 Assignment 13.6 Waiver not to affect rights 13.7 Variation 13.8 Entire agreement 13.9 Severability 13.10 Survival of agreement 13.11 Notices 14. Best Value Guaranteed Promotion BACKGROUND Dreamscape Networks International Pte Ltd has offered to appoint Reseller as a reseller of Domain Names and Hosting Services, and Reseller has accepted Dreamscape Networks International Pte Ltd offer to do so on the terms and conditions set out in this agreement. THIS AGREEMENT WITNESSES that the parties agree that: 1. Appointment of Reseller 1.1 Appointment Dreamscape Networks International Pte Ltd hereby grants, and the reseller accepts, a non-exclusive appointment as a reseller of domain name services and upon and subject to the terms of this agreement. 1.2 Term The term of this agreement shall commence on the commencement date specified in the schedule and continue until terminated in accordance with this agreement. 2. Reseller's obligations 2.1 Support The reseller agrees to accept requests from the public for the registration, cancellation, deletion, renewal, maintenance or transfer of domain names and to provide first level customer service, including billing and technical support, in respect of the services offered by it. 2.2 Compliance with auDA, ICANN, DNC, NOMINET and SGNIC policies The reseller agrees to comply with any specifications, policies or codes of practice published by auDA, ICANN, DNC, Nominet and SGNIC on their respective web sites ("registry policies"), as varied from time to time, as if those documents were incorporated into and formed part of this agreement, prevailing over the terms of this agreement to the extent of any inconsistency. Reseller is prohibited from displaying the ICANN or ICANN-Accredited Registrar logo, or from otherwise representing itself as accredited by ICANN unless it has written permission from ICANN to do so. Any registration agreement used by reseller shall include all registration agreement provisions and notices required by the ICANN Registrar Accreditation Agreement and any ICANN Consensus Policies, and shall identify the sponsoring registrar or provide a means for identifying the sponsoring registrar, such as a link to the InterNIC Whois lookup service. Reseller shall identify the sponsoring registrar upon inquiry from the customer. Reseller shall ensure that the identity and contact information provided by the customer of any privacy or proxy registration service offered or made available by reseller in connection with each registration will be deposited with Registrar or held in escrow or, alternatively, display a conspicuous notice to such customers at the time an election is made to utilize such privacy or proxy service that their data is not being escrowed. Where escrow is used, the escrow agreement will provide, at a minimum, that data will be released to registrar in the event reseller breaches the reseller agreement, and such breach is harmful to consumers or the public interest. In the event that ICANN makes available a program granting recognition to resellers that escrow privacy or proxy registration data as detailed above, and reseller meets any other criteria established by ICANN in accordance with its Bylaws, reseller shall be permitted to apply to ICANN for such recognition. To the extent that Registrar is obligated to provide a link to an ICANN webpage, the Reseller shall also be under an obligation to provide such linkage. If Registrar becomes aware that such a Reseller is in breach of any of the provisions of this section of this Agreement, the Registrar shall take reasonable steps to notify the Reseller that it is in breach of the reseller agreement and that Registrar has the right to terminate such agreement. 2.2.1 Website contact details requirements The reseller must publish all of the following points on their website as contact details for their registrants: * Postal address * Telephone number * Contact email address * Customer Service commitments detailing expected response times and how long it usually takes to resolve issues - Please see below for an example. Example: Please contact ________________________________________ using one of the contact methods below, outside of office hours please email us at ________________________________________. We will respond to all points of contact within 1 business day and aim to resolve any issues you have within 5 business days. * Email contact point for abuse complaints - Please see below. Example: If you wish to raise a complaint about abuse you have received (phishing scams, spam emails etc), please contact us at ________________________________________ with as much detail about the abuse. We will investigate your complaint immediately. Or Example: Abuse complaints: ________________________________________ (insert email address). * Complaints and escalation process (detailing time frame) - Please see below Example: Here at ________________________________________ we like to think we get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. We can only improve on our services with valid feedback from you, our customers. If you wish to make a complaint about a service you have received, please submit an email to us at ________________________________________ including as much detail from the issue you have. We will acknowledge your complaint within 1 business day and aim to resolve any issues within 5 business days. If you're not happy with the initial outcome of your complaint, then please feel free to escalate your issue to one of, but not limited to, the following: * ICANN (global Internet Corporation for Assigned Names and Numbers) here: https://www.icann.org/resources/pages/help/dndr/udrp-en * Nominet (the .uk registry) here: http://www.nominet.org.uk/disputes/complaining-about-registrar/complaints-procedure * auDA (the .au Domain Administrators) here: https://www.auda.org.au/policy/au-dispute-resolution-policy-audrp * DNC (the .nz Domain Name Commission) here: http://dnc.org.nz/story/drs-home * EURid (the .eu registry) here: http://www.eurid.eu/en/eu-holders/domain-name-disputes * aeDA (the .ae Domain Administrators) here: https://www.tra.gov.ae/aeda/ar/aeda-policies.aspx * SGNIC (the .sg registry) here: https://www.sgnic.sg/domain-dispute.html 2.3 Receipt of complaints The reseller shall receive complaints from its customers and shall act promptly to investigate and fairly resolve those complaints in accordance with its obligations under this agreement and the registry policies. 2.4 Insurance The reseller shall take out adequate insurance against all normal risks arising in the course of its business including without limitation insurance against public liability, business interruption, fire, flood, burglary and accidental damage. The reseller shall provide a certificate of currency of its insurance policies to Dreamscape Networks International Pte Ltd upon request. 2.5 Minimum accounts The resellers' accounts must contain a minimum balance of $100 to accommodate any refunds so the reseller does have a negative balance. The reseller acknowledges and agrees that a failure to maintain a minimum of $100 balance will automatically entitle Dreamscape Networks International Pte Ltd to suspend the resellers account. 3. Grant of domain name applications 3.1 How domain name applications to be assessed The reseller shall assess all applications for domain names that are received by reference to the registry policies. The reseller shall use its reasonable best endeavours to assess the correctness of the information provided in applications it receives and only submit a domain name registration application to Dreamscape Networks International Pte Ltd for grant if it is satisfied that the application satisfies the registry policies. 3.2 Registrant agreement The reseller shall before submitting a domain name registration application to Dreamscape Networks International Pte Ltd for grant require the prospective registrant to enter into an agreement with Dreamscape Networks International Pte Ltd in the form set out on the Web site at https://policy.secureapi.com.au/?site=dreamscape#7b with such necessary changes to indicate that the reseller is a reseller of Dreamscape Networks International Pte Ltd, and such other terms and conditions proposed by the reseller, as may be approved by Dreamscape Networks International Pte Ltd in writing. 3.3 Submission of applications to Dreamscape Networks International Pte Ltd The reseller does not grant domain name licences directly but may only submit applications for the registration of domain names to Dreamscape Networks International Pte Ltd to be finally assessed and submitted for registration to the applicable registry operator. Both Dreamscape Networks International Pte Ltd and the said registry operator may refuse any application for the grant of a domain name in their absolute discretion and no correspondence will be entered into in respect of their refusal to register any particular domain name. 3.4 Notification of registration or non-registration to registrant If an application for registration of a domain name is successful the reseller must provide the registrant with a certificate evidencing that fact in the form prescribed by auDA, ICANN, DNC, Nominet and SGNIC, and if unsuccessful must notify the registrant of any reasons for the refusal including any reasons provided by Dreamscape Networks International Pte Ltd or the registry operator. 3.5 Order processing time Dreamscape Networks International Pte Ltd shall not be liable for delayed processing of orders for any products including domain names, Dreamscape Networks International Pte Ltd shall take all reasonable steps required to provide prompt processing of applications however due to the nature of the service, Dreamscape Networks International Pte Ltd is unable to provide guarantee of the availability of the service. 3.6 Bulk domain name transfers Dreamscape Networks International Pte Ltd shall not be liable for any interruptions or errors which may occur during bulk domain name or web hosting transfers. 3.7 Transfer of domain names The reseller must ensure, that its registrants can easily transfer registered domain names to another registrar in accordance with the registry policies, and as facilitated by Dreamscape Networks International Pte Ltd. 3.8 Authorisation keys Authorisation keys also referred to as domain passwords, registry keys or UDAI keys will be made available to registrant of the domain upon request from the reseller. The authorization code will not be available to the reseller. 4. Impermissible conduct by reseller 4.1 Unsolicited contact or registration The reseller may not take any action on behalf of or make any unsolicited contact with a prospective registrant unless that person has authorised or requested the reseller to do so, and without limitation to the foregoing may not submit a domain name registration application on the prospective registrant's behalf unless specifically requested by that person to do so. 4.2 Non-compliant registrations The reseller may not knowingly allow any domain name application to be submitted to Dreamscape Networks International Pte Ltd that does not comply with the registry policies. 5. Relationship of parties 5.1 No legal partnership The parties acknowledge that they are not in a legal partnership or joint venture and that neither party shall be entitled to pledge the credit of the other or to bind the other to any contract with a third party. 5.2 No fiduciary relationship Neither party shall owe the other a fiduciary relationship or be precluded from competing with the other subject to the terms of this agreement; in particular, the reseller acknowledges that Dreamscape Networks International Pte Ltd has a business in the retail of domain name and hosting services. 5.3 Reseller not a registrar or registry The reseller acknowledges that it is not and warrants that it shall not hold itself out to be a domain name registrar or registry and that Web Address Registration Pty Ltd as the accredited registrar may at all times deal directly with its registrants without the resellers intermediation. 5.4 Registrar to be identified The reseller must identify Web Address Registration Pty Ltd as the accredited registrar of whom the reseller is a reseller in all materials issued by the reseller to registrants, including and without limitation on the reseller's web site. 5.5 Taxation The reseller shall be responsible for their own income tax and other taxes as defined under law which includes taxes on its pricing. Dreamscape Networks International Pte Ltd shall not be responsible for any taxes which the reseller is liable to under the law. 6. Use of registrant information 6.1 Reseller to keep registration details accurate The reseller shall be responsible for maintaining the accuracy of domain name registration details provided by its registrants and shall keep those details up to date using such mechanisms as Dreamscape Networks International Pte Ltd may prescribe from time to time within five business days of receiving notice of any change required to those details. Without limitation the reseller shall cause the registration of a domain name to be cancelled if it becomes aware or has cause to believe that a registrant is no longer entitled to the registration of that domain name. The reseller shall not register domain names in the name of their entity, person or otherwise and must only register domain names in the name of the customer and registrant. If sufficient evidence is supplied to indicate such matters, we reserve the right to update and correct the registrant details with immediate effect. 6.2 Not to misuse The reseller must not sell, rent or otherwise deal with any information provided by its registrants to any person other than as permitted or required by this agreement or by auDA, ICANN, DNC, Nominet and SGNIC. 6.3 Not to claim intellectual property rights The reseller agrees not to claim any intellectual property or other exclusive rights in the information it receives from registrants. 6.4 Copyright material All material displayed on Dreamscape Networks International Pte Ltd website and its sister companies' websites shall not be copied or reproduced in any form, shape without written consent provided by Dreamscape Networks International Pte Ltd. 7. Fees 7.1 Calculation of fees The fees payable by the reseller to Dreamscape Networks International Pte Ltd are as set out in the reseller system and are calculated in Australian currency, on the number of fully paid currently registered domain names and hosting services that the reseller has caused to be registered by Dreamscape Networks International Pte Ltd. The fees so calculated are to be paid in advance and in Australian currency only. Credit cards will also apply for all products and be billed during the order or purchase process. 7.2 Non-payment of fees In the event of delinquent payment of fees Dreamscape Networks International Pte Ltd may: a. refuse to accept any further applications for domain name registration or renewal from the reseller; b. delete, from the registry, any domain names for which payment has not been received from the reseller in full; c. give notice of termination of this agreement to the reseller; and d. pursue any other remedy available to it under this agreement or at law. 7.3 Payment chargebacks The reseller and/or clients of the reseller cannot seek to reverse a payment (chargeback) in your favour. We may hold the reseller to the transaction if either yourself or a client of yours resists the chargeback and charge the reseller reasonable costs for doing so. We hold the right to suspend and/or cancel the reseller and associated member account including any services attached to it, also decline you and your clients from any further services until all applicable costs have been paid. We reserve the right to engage the services of a debt collection agency should the above costs not be paid. In such circumstances the reseller will be charged for collection costs in addition to the applicable costs. 7.4 Credit Payout Accrued Reseller Account Credit may be paid out on request, which are processed at the end of each calendar month. Payouts may be made via bank transfer or via Paypal. The minimum payout amount is $500.00 USD or equivalent in other currencies. It is your responsibility to ensure that the provided payout details (bank or Paypal account details) are accurate and will not result in an returned transaction. Any failure on your part to provide accurate and sufficient details will result in a $25.00 USD (or equivalent in chosen currency) fee being deducted from the payout amount. This is applied solely to cover costs related to failed transactions. You agree to indemnify us from any loss or negative outcome on yourselves as a result of this as well as any delay in payout processing. 7.5 Refunds You expressly and irrevocably agree that: 1. It is your responsibility to ensure that the reseller program is appropriate and compatible to your needs prior to registering for a reseller account; and 2. We are not obliged to provide a refund of the setup fee for your reseller account in the event that you no longer desire to be a reseller as described in this agreement. 8. Other products All other services and products, not pertaining to the registration of domains, including all hosting services, web builder, spam filter, search booster and SSLs fall under the constraints, limits, and procedures outlined in this document. 9. Confidentiality A party shall not, without the prior written approval of the other party, disclose the confidential information of the other party, except in circumstances where it is legally compelled to do so. Each party shall take all reasonable steps to ensure that its employees and agents, and any sub-contractors engaged for the purposes of this agreement, do not make public or disclose the other party's confidential information. Notwithstanding any other provision of this clause, Dreamscape Networks International Pte Ltd may disclose the terms of this agreement (other than confidential information of a technical nature) to its related companies, solicitors, auditors, insurers or accountants. This clause shall survive the termination of this agreement. 10. Implied terms Any condition or warranty which would otherwise be implied in this agreement is hereby excluded to the extent permitted by law. If the full exclusion of any condition or warranty is not permitted by law, the liability of Dreamscape Networks International Pte Ltd for any breach of such condition or warranty shall be limited, at the option of Dreamscape Networks International Pte Ltd, to one or more of the following: a. if the breach relates to goods: i. the replacement of the goods or the supply of the equivalent goods; ii. the repair of such goods; iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or iv. the payment of the cost of having the goods repaired; and b. if the breach relates to services: i. the supplying of the services again; or ii. the payment of the cost of having the services supplied again. 11. Exclusions 11.1 Limitation of liability You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us, by a third party resulting from the provision or use of Services, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN. You agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of Services or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Services which are the subject of any such claim. You agree to defend, indemnify and keep indemnified and hold us harmless from any: * loss of business, contracts, profits or anticipated savings; * other indirect or consequential or economic loss whatsoever; * loss of data or inability to retrieve data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries, and any service interruption not caused by us; * injury to person or property allegedly caused by any products sold or otherwise distributed in connection with us; * negligence, misconduct, or breach of this agreement by you; * incomplete, inadequate or otherwise problematic use of any Services by you; * omission or failure by you to obtain appropriate advice, including legal advice, in respect of any Services or this Agreement prior to making a purchase; * incomplete, inadequate or lack of knowledge and experience necessary for use of any Services; * allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets due to the information you have provided us, and * damages including but not limited to indirect, special, incidental, consequential or exemplary damages allegedly arising out of, resulting from, incidental to, or in connection with this Agreement or Services. You understand that should we be notified of pending legal action, we may seek written confirmation from you concerning your obligation to indemnify us under this Agreement in accordance with these terms, and you agree that failure to provide such confirmation may be considered a further breach of this Agreement. Where to do so is unlawful under any Act falling under the governing law of this Agreement, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit of a non-excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling under the governing law of this Agreement, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to either the supplying of the service/product again or payment of the cost of having the service/product supplied again. You agree that this clause survives the expiry and/or termination of Services or this Agreement. 11.2 No representations The reseller acknowledges that to the extent Dreamscape Networks International Pte Ltd has made any representation which is not otherwise expressly stated in this agreement, the reseller has been provided with an opportunity to independently verify that the accuracy of that representation. Subject to the above, the reseller warrants that it has not relied on any representation made by Dreamscape Networks International Pte Ltd which has not been stated expressly in this agreement or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by Dreamscape Networks International Pte Ltd. 11.3 Indemnity The reseller shall at all times indemnify and hold harmless Dreamscape Networks International Pte Ltd and its officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified where such loss or liability was caused by: a. a breach by the reseller of its obligations under this agreement; or b. any wilful, unlawful, or negligent act or omission of the reseller. 11.4 Transfer of clients to Dreamscape Networks International Pte Ltd Dreamscape Networks International Pte Ltd may at its discretion transfer any clients of the reseller to its own brand if any of the reseller's clients request the same in writing. The reseller acknowledges that the clients would have signified this intention to Dreamscape Networks International Pte Ltd as a result of the reseller's failure to provide minimum support to its clients. 11.5 Downtime Dreamscape Networks International Pte Ltd shall not be liable for any interruptions to the reseller's system or web hosting services. 11.6 Employees The reseller acknowledges and agrees that neither Dreamscape Networks International Pte Ltd nor its employees or agents may take any responsibility or instructions with respect to the reseller's websites or reseller's configuration adjustments. 11.7 Pricing adjustments Dreamscape Networks International Pte Ltd cannot guarantee pricing on products including domain names and the reseller acknowledges and agrees that prices may change without notice. In the event of this happening, the products in the system wholesale rate will be adjusted and the reseller's retail sell price will be adjusted if it doesn't meet the minimum amount. 11.8 Domain misspelling Dreamscape Networks International Pte Ltd shall not be responsible for the registration of a misspelt domain names. The reseller acknowledges and agrees to verify the spelling of any domain applications that it submits to Dreamscape Networks International Pte Ltd. 11.9 Domain transfers Dreamscape Networks International Pte Ltd does not guarantee the period of time that the process may take to transfer a domain name. Dreamscape Networks International Pte Ltd shall not be liable for any interruptions caused by the transfer of a domain. 12. Termination Either party may terminate this agreement by giving the other party 30 day's notice. Dreamscape Networks International Pte Ltd may also terminate this agreement forthwith by written notice upon the following events occurring: a. if auDA, ICANN, DNC, Nominet or SGNIC direct Dreamscape Networks International Pte Ltd to terminate the agreement; b. Web Address Registration Pty Ltd ceases to be a registrar accredited by auDA. ICANN, DNC, Nominet and SGNIC; c. if an administrator, liquidator, receiver or official manager shall be appointed to the reseller or if it shall enter into any arrangement with its creditors; d. if the reseller assigns or purporting to assign its interests under this agreement without the consent in writing of Dreamscape Networks International Pte Ltd; or e. the reseller fails to comply strictly with the terms of any policy of insurance taken out pursuant to this agreement. 12.1 Termination Dreamscape Networks International Pte Ltd shall be entitled to terminate the reseller's accounts if it breaches any policy, all reseller's clients will be sent an email notifying them of such breach and then such clients will be transferred to Dreamscape Networks International Pte Ltd. 13. Miscellaneous provisions 13.1 Interpretation References to a party to this contract include the party, his executors, administrators, or permitted assigns (or in the case of a corporation, the party and its successors and assigns or permitted assigns). The word "person" includes a corporation. Words written in the singular shall include the plural and vice versa, and the masculine or neuter genders shall include every gender. References to statutes shall include all statutes, amending, consolidated or replacing them. If two or more parties enter into covenants, obligations or agreements together, those covenants, obligations or agreements shall bind them all jointly and severally. The words "in writing" include any communication sent by letter, facsimile or email. 13.2 Time Where under this contract: a. anything is required to be done on the 29th, 30th, or 31st day of a month which does not contain such a date, references to that date shall be construed as references to the last day of the month; b. anything falls due to be done on a Saturday, Sunday or gazetted public holiday or a notice is deemed to be served on that date, the next day which is not a Saturday, Sunday or gazetted public holiday will be the date by which that thing falls due or when service is deemed to occur. 13.3 Further acts Each party do whatever further acts and execute whatever further documents as might be required by law or reasonably requested by the other party in order to carry out and affect the intent and purpose of this contract. 13.4 Governing law The laws of Western Australia govern this contract. Any dispute arising from this contract is to be determined by the courts of Western Australia and any court of appeal from a Western Australian court. 13.5 Assignment Dreamscape Networks International Pte Ltd may assign the benefit of this contract to any related body corporate of Dreamscape Networks International Pte Ltd as that term is defined in the Corporations Law. The reseller may not assign this contract without the prior written consent of Dreamscape Networks International Pte Ltd. 13.6 Waiver not to affect rights If Dreamscape Networks International Pte Ltd fails to enforce its rights under this contract or to require the consultant to comply with any of its obligations under this contract, this shall not prevent Dreamscape Networks International Pte Ltd enforcing those rights in the future or taking advantage of any remedies that it may as a result of the reseller's breach. 13.7 Variation We may amend these terms at any time, and such amendments will become effective as soon as they are posted on our website, following which if you continue to use the services, you are deemed to have agreed to be bound by those amendments. It is your responsibility to review our website periodically to ascertain whether these terms have been changed. This contract may be varied without notice after it has been accepted during the reseller signup stage located on our website. Please see https://policy.secureapi.com.au/?site=dreamscape for all updated policies, contracts and agreements. 13.8 Entire agreement This agreement constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements and understanding, whether verbal or in writing. 13.9 Severability If any provision of this agreement is held invalid, unenforceable or illegal for any reason, the agreement shall remain otherwise in full force apart from such provisions which shall deemed deleted. 13.10 Survival of agreement Subject to any provision to the contrary, this agreement shall enure to the benefit of and be binding upon the parties and their successors, trustees, permitted assigns or receivers but shall not enure to the benefit of any other persons. The covenants, conditions and provisions of this agreement which are capable of having effect after the expiration of the agreement shall remain in full force and effect following the expiration of the agreement. 13.11 Notices Notices under this agreement may be delivered by hand, mail, web, facsimile or email to the appropriate address specified by either party to the other in writing. Notice will be deemed given: a. in the case of hand delivery, upon written acknowledgement of receipt by an officer or other duly authorised employee, agent or representative of the receiving Party; b. in the case of posting, three (3) days after despatch; c. in the case of facsimile, upon receipt of transmission if received on a business day or otherwise at the commencement of the first business day following transmission; d. in the case of email, at the commencement of the first business day following transmission unless a non-delivery message is received by the sender in the meantime. 14. Best Value Guaranteed Promotion We will match the regular reseller price of an identical product or service provided by a competitor to maximise your sales potential, subject to the following conditions: a. You must submit evidence to our satisfaction via email to customercare@dreamscapenetworks.com of the competitor's product (published online) and price prior to the time of purchase so that we can still verify a price match within one (1) week of your request. b. The competitor's product or service must be completely identical to the product or service we sell. c. The competitor's price must be the final price displayed in Australian dollars by the competitor, and include all fees, taxes, and other charges. d. Any domain names that are considered premium domain names by a domain name registry are expressly excluded. e. Any competitor advertising errors or errors in pricing by the competitor are excluded. f. Any offers that are not available to the general public (such as membership/member-only offers, conditional sales, fire or liquidation sales, subscription offers, loyalty offers, coupon or discounted voucher offers, special events, trade offers, and so forth) are excluded. g. We reserve the right to refuse price matching a reseller price for a retail customer. h. The competitor's price must not be below our cost price. BY SIGNING UP ON THE WEBSITE, THE RESELLER IS TAKEN TO HAVE AGREED TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT.