Reseller Policy Agreement

1. Parties and contact details

In this Agreement:

We, us, our, DISKMANDOTNET means DISKMANDOTNET, ABN 18 209 695 017.

You, your, Reseller means the individual, company or other entity that applies for or uses a reseller account with us.

Our contact details are:

DISKMANDOTNET
ABN: 18 209 695 017
Postal Address: PO Box 85, Doncaster, 3108, Victoria, Australia
Email: clientservices@diskman.net
Phone: 03 9841 8294

2. Scope of services

We may provide reseller access to one or more of the following services:

• shared hosting, reseller hosting, business hosting and related hosting services;
• domain name registration, renewal, transfer, redemption and management services;
• SSL certificates and website security products;
• software licences, including control panel, security or automation software;
• email, DNS, migration, backup, support and related online services; and
• any other products or services we make available to resellers from time to time.

Services are supplied on a non-exclusive basis. We may change, add, withdraw or replace services, features,
upstream suppliers or product inclusions where reasonably necessary for technical, legal, security, operational
or commercial reasons.

3. Eligibility and account approval

To become a reseller, you must provide accurate application details and any information we reasonably request to
verify your identity, business status, billing profile or intended use of the services.

We may approve or reject an application at our discretion. We may also impose reasonable conditions on approval,
including minimum account standards, verification checks, service limits, fraud controls or prepayment requirements.

You warrant that:

• you have full authority to enter into this Agreement;
• all information you provide to us is true, complete and current;
• you will keep your contact, billing and company details up to date; and
• you will use the services lawfully and in accordance with this Agreement.

4. Term and renewal

This Agreement starts when we approve your reseller account or when you first use any reseller service, whichever happens first.

It continues until terminated in accordance with this Agreement.

Individual services supplied under your reseller account may have their own billing cycles, registration periods,
renewal dates and expiry processes.

5. Fees, billing and payment

You must pay all fees, charges, taxes and amounts due for your reseller account and any services ordered through it.
Unless we agree otherwise in writing, fees are payable in advance.

We may charge:

• setup or activation fees;
• recurring service fees;
• usage-based fees;
• late payment, recovery or reinstatement fees where reasonably incurred; and
• third-party pass-through charges, including registry, redemption, restore or manual processing fees.

We may update pricing from time to time by publishing revised pricing on our website, by notice through the client portal,
or by email. Price changes will generally apply to new orders and future renewals unless a different notice period is stated.

You are responsible for maintaining a valid payment method and sufficient account credit where required.

If an invoice remains overdue, we may take reasonable steps including:

• sending payment reminders;
• placing services on hold;
• suspending access to some or all services;
• declining new orders, renewals, transfers or upgrades; or
• cancelling affected services after reasonable notice, where legally permitted.

You remain liable for all charges incurred before suspension or termination.

Unless otherwise stated, all prices are in Australian dollars and include GST where GST applies.

6. Domain name services and registry rules

Domain name services supplied through your reseller account are subject to the rules, policies, eligibility criteria,
transfer procedures and dispute policies of the relevant registry, registry operator, regulator, registrar and
industry bodies, as amended from time to time.

For .au names, this includes the current auDA rules and licensing requirements. For gTLDs and many international domains,
this includes applicable ICANN requirements and registry policies.

You acknowledge and agree that:

• domain names are licensed, not owned;
• eligibility rules, transfer rules, renewal rules and cancellation rules may vary by extension;
• registry or registrar rules can override inconsistent terms in this Agreement to the extent required;
• domain applications, renewals, transfers, restores and updates may be refused, delayed, reversed, locked, suspended or cancelled where required by law, policy, validation, registry processes or dispute procedures; and
• we are entitled to act on instructions submitted through your account, authorised users, API credentials or authenticated support requests, unless we reasonably believe those instructions are unauthorised or unlawful.

You must ensure your own customer terms, website disclosures and ordering processes properly reflect the applicable registry
and registrar requirements for the services you resell.

Where required by applicable rules, you must clearly identify the sponsoring registrar to your customers and must not represent
yourself as an ICANN-accredited registrar unless you hold that accreditation directly.

7. Reseller obligations

As a reseller, you must:

• act honestly, lawfully and in good faith in your dealings with us, your customers and any relevant industry body;
• comply with this Agreement and all applicable service-specific policies;
• comply with applicable laws, regulations, codes and binding industry rules;
• promptly notify us of any actual or suspected security incident, unauthorised account activity, data breach, fraud event or misuse affecting your reseller account or the services;
• maintain accurate account, billing and contact details at all times;
• keep appropriate records of customer consents, registrations, renewal instructions, transfer authorities and service changes;
• ensure that all information submitted for domain, hosting, billing, compliance or verification purposes is current, complete and accurate;
• cooperate with reasonable compliance, abuse, fraud, billing, legal and security enquiries; and
• use reasonable steps to ensure your staff, contractors and authorised users comply with this Agreement.

You must not:

• misrepresent our services, pricing, support scope, performance or accreditation status;
• use our name, branding or logos except as expressly permitted by us in writing;
• submit false, misleading, incomplete or unauthorised registration or account data;
• interfere with the stability, security or normal operation of any service or system;
• resell services for unlawful, abusive, deceptive or fraudulent purposes; or
• harass, threaten or abuse our staff, contractors or suppliers.

8. Your responsibility for end users

You are responsible for your own relationship with your end users and for the products, services, support, billing, representations
and promises you make to them.

You must have your own customer terms, privacy disclosures and support processes that are appropriate for the services you sell.

You are responsible for:

• customer onboarding, identity and authority checks where appropriate;
• end-user billing, collection, disputes and refunds, unless we expressly agree otherwise;
• ensuring your customers understand applicable renewal, expiry, restoration and deletion processes;
• ensuring your customers maintain their own current contact details and account security; and
• obtaining all instructions, consents and authorisations needed for you to act on your customers’ behalf.

Unless required by law or expressly agreed by us, we do not owe direct support obligations to your end users.

9. Privacy, data handling and security

Each party must comply with applicable privacy and data protection laws in connection with personal information handled under this Agreement.

You must:

• collect, use and disclose personal information lawfully and only as reasonably necessary for the services you provide;
• maintain and publish an up-to-date privacy policy where required by law;
• implement reasonable administrative, technical and organisational safeguards to protect personal information and account credentials;
• limit access to personal information to authorised personnel with a legitimate need to know;
• promptly report any eligible or suspected data breach affecting us, the services or shared customer data; and
• cooperate with reasonable steps needed to investigate, contain or respond to a privacy or security incident.

We may collect, use and disclose account and service data as described in our Privacy Policy and as reasonably necessary to provide,
secure, administer, support and improve the services, comply with law, prevent fraud and meet registrar, registry or supplier obligations.

10. Acceptable use and conduct

All services are subject to our Acceptable Use Policy and any applicable product-specific usage standards.

Without limitation, you must not use, or allow others to use, the services to:

• send spam or bulk unsolicited messages;
• host malware, phishing, scams, illegal content or abusive content;
• infringe intellectual property, privacy or other rights;
• launch attacks, probes or abusive automated activity;
• circumvent quotas, limits, authentication or security controls; or
• engage in conduct likely to damage the reputation, stability or lawful operation of the services.

11. Third-party products and software

Some services rely on third-party suppliers, registries, registrars, certificate authorities, software vendors, upstream providers,
data centres and network operators.

Use of those services may also be subject to third-party licence terms, product rules, validation rules or acceptable use requirements.

We may pass through upstream restrictions, suspensions, cancellations, validation requests, product retirements, pricing changes,
support limits and compliance obligations where reasonably necessary.

We do not control third-party systems and cannot guarantee their ongoing availability, continuity or unchanged commercial terms.

12. Hosting, backups and service availability

We aim to provide reliable services, but we do not guarantee uninterrupted or error-free operation.
Planned maintenance, emergency maintenance, upstream failures, security incidents, third-party outages and matters outside our reasonable
control can affect availability.

You are responsible for maintaining your own current off-site backups of all websites, data, email, databases, applications,
configurations and account content unless a specific backup service is included in writing as part of your plan.

Any backups we provide are for business continuity and recovery purposes only and are not guaranteed to be complete, current or restorable.

We may charge a reasonable fee for manual backup restoration, recovery assistance, after-hours work, migration work or data extraction
where the issue was not caused by our breach of this Agreement.

13. Suspension and urgent action

We may suspend, restrict, lock, cancel or refuse any service, order, access request, transfer, DNS change or account function where reasonably necessary:

• to protect the security, integrity or stability of our systems, the DNS or other users;
• to investigate fraud, abuse, payment default, policy breach or suspected unlawful activity;
• to comply with law, court orders, regulator directions, registry rules, registrar requirements or supplier instructions;
• where account verification or service validation is incomplete or inaccurate; or
• where continued service would expose us, our suppliers or other users to material risk.

Where practical, we will give notice and an opportunity to remedy the issue. We may act without prior notice where the matter is urgent,
involves security or legal risk, or immediate action is reasonably required.

14. Australian Consumer Law

Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, statutory guarantee or other right or remedy
that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

Where the law permits us to limit our liability for breach of a non-excludable guarantee in relation to services, our liability is limited,
at our option, to supplying the services again or paying the cost of having the services supplied again.

15. Liability and indemnity

To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, exemplary or consequential loss,
or for loss of profits, revenue, savings, opportunity, goodwill or data, even if advised of the possibility of such loss.

Our total aggregate liability arising out of or in connection with this Agreement is limited to the total amount paid by you to us
for the affected service during the 12 months immediately before the event giving rise to the claim.

This limitation does not apply to liability that cannot lawfully be limited, including liability under applicable consumer law.

You indemnify us against claims, losses, liabilities, costs and expenses, including reasonable legal costs, arising from:

• your breach of this Agreement;
• your unlawful, misleading, fraudulent or negligent acts or omissions;
• content, data, domains, websites or services supplied, operated or controlled by you or your end users; or
• your infringement of third-party rights.

This indemnity is reduced to the extent a loss is caused or contributed to by our own breach, negligence or wilful misconduct.

16. Intellectual property

We or our licensors retain all right, title and interest in our services, systems, software, portal, branding, documentation,
configurations, templates, automation, workflows and related intellectual property.

This Agreement does not transfer any ownership rights to you.

You receive only the limited right to access and use the services for your internal business purposes and authorised resale,
subject to this Agreement and any applicable third-party licence terms.

17. Confidentiality

Each party must keep the other party’s confidential information confidential and must not disclose it to any third party
except to its personnel, professional advisers, suppliers or contractors who reasonably need to know it for the purposes of this Agreement
and who are bound by confidentiality obligations.

Confidential information does not include information that:

• is publicly available other than through breach of this Agreement;
• was already lawfully known to the receiving party;
• is lawfully received from a third party without breach of confidence; or
• is independently developed without use of the other party’s confidential information.

A party may disclose confidential information where required by law, regulation, court order or a competent authority,
provided it takes reasonable steps to limit the disclosure where permitted.

18. Termination

Either party may terminate this Agreement for convenience by giving at least 30 days’ written notice.

We may terminate or suspend this Agreement immediately by notice if:

• you commit a material breach and fail to remedy it within a reasonable period after notice;
• you fail to pay overdue amounts;
• you engage in fraud, abuse, unlawful conduct or serious misuse of the services;
• continuing to provide services would expose us or others to material legal, operational or security risk;
• an upstream supplier, registrar, registry or third-party platform requires the affected service to be cancelled or withdrawn; or
• you become insolvent, enter external administration or cease carrying on business.

19. What happens on termination

On termination of this Agreement:

• your right to use the reseller account and related services ends, except to the extent needed for orderly closure or migration;
• all unpaid amounts become immediately due;
• we may cancel, suspend, close or transfer affected services in line with applicable law, registry rules and operational requirements;
• you must stop representing yourself as an authorised reseller of DISKMANDOTNET; and
• each party must return or securely destroy the other party’s confidential information on request, except where retention is required by law or for legitimate compliance, billing or record-keeping purposes.

Termination does not affect accrued rights, existing liabilities or any provisions intended to survive termination.

20. Notices

Notices under this Agreement must be in writing and sent by email, post or through another method we accept in writing.

Notices to us should be sent to:

DISKMANDOTNET
PO Box 85, Doncaster, 3108, Victoria, Australia
Email: clientservices@diskman.net

You are responsible for keeping your notice details current in your account profile.

21. General terms

This Agreement, together with any incorporated policies, service descriptions, order forms and product-specific terms,
forms the entire agreement between the parties in relation to its subject matter.

We may update this Agreement from time to time where reasonably necessary to reflect changes to law, policy, supplier requirements,
services, pricing models, security controls or business operations. The updated version will apply from the date published,
or from any later date stated in the update.

If any part of this Agreement is held to be invalid or unenforceable, the remaining provisions continue in full force.

You may not assign or transfer this Agreement without our prior written consent, not to be unreasonably withheld.
We may assign or novate this Agreement as part of a business restructure, sale, merger or transfer of the relevant service line.

This Agreement is governed by the laws of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria, Australia.