[AusNOG] Re RackCentral

Thu Nov 20 13:01:39 EST 2014

Hi all,

Would like to clarify APNIC's procedure for a member organisation
that is in liquidation. As soon as we become aware of, such case the
liquidator will be contacted to ask if the APNIC membership will
continue to be honoured, ie to comply with the membership agreement,
including payment of membership fees.

If there is a request to transfer resources due to merger, acquisition
or takeover, APNIC will ask for the following information to review
for approval:

      - Description of the reason for the transfer
      - Full official legal name of all the entities involved
      - List of the Internet number resources to be transferred
      - Relevant legal documents to support reasons for transfer

Before the transfer is approved the Corporate Contacts from both
accounts must be in full agreement in order to proceed. For the
member organisation that is in liquidation, APNIC will accept
authorisation from liquidator.

Hope this helps to provide clarity.

Kind regards,
Elly
------------------------------------------------------------------------

Elly Tawhai                               email:          elly at apnic.net
Senior Internet Resource Analyst/         sip:       elly at voip.apnic.net
Liaison Officer(Pacific), APNIC           phone:         +61 7 3858 3188
http://www.apnic.net                      fax:           +61 7 3858 3199

------------------------------------------------------------------------

Andrew Tschudi wrote:
> Rack Central walking away from the debt has already taken precedence 
> which is a kick in the mouth for anyone.
> 
> 
> Thanks to Rack Central you can now assume if you don’t pay Vocus you can 
> walk away from your contract and debt, keep running your business and 
> they cannot make you pay anything.
> 
> 
> Rack Central stopped paying Vocus and in return AS7600 ( escape.net 
> <http://escape.net> ) AS45177 ( Layer2.co.nz <http://Layer2.co.nz> ) and 
> AS38790 (Spirit Telecom Australia) not to mention IX Australia all 
> provide safe haven to allow them to continue to operate.
> 
> 
> Not even APNIC has stepped in to take back IP address resources. Whilst 
> it’s against APNIC policy to transfer IP addresses if a company is 
> insolvent Rack Central has proven APNIC do not care about policy.
> 
> 
> Unless every network operator decides to black hole Rack Centrals 
> AS58443 you will always find someone willing to sell them services as 
> the hope of a new sale even comes before industry respect of those who 
> are owed money.
> 
> 
> Andrew
> 
> 
> On Tue, Nov 18, 2014 at 8:05 AM, Joseph Goldman <joe at apcs.com.au 
> <mailto:joe at apcs.com.au>> wrote:
> 
>     I think he is taking a nod at the recent discussion over NextDC's
>     month-to-month offering and the argument that ensued ;)
> 
>     To the other poster saying it must be a drop in the ocean to them -
>     well....yes maybe, they will survive happily never recovering it,
>     just a shorter month to pay it all out and write it all off - but
>     its about precedence. If they let one customer get away with it then
>     all customers will start trying it.
> 
>     What is the point of commitments if they can be so easily broken?
>     You take a commitment term you take the responsibility of any debt
>     it incurs.
> 
>     Not knowing much about the business or Shaun directly, from an
>     outside view it does seem very dodgy though, the sale of the
>     customers to another company with such similar name and same
>     director(s), while leaving behind ~$100k in debt (if not including
>     the extra compensation Vocus is trying for).
> 
>     The best we can do as an industry is blacklist these people so they
>     can't continue their wake of destruction. The only acceptable way to
>     let these people back in to the industry is if they have a fair go
>     at repaying their past mistakes.
> 
>     Shooting a bit off-topic though into personal rant so I'll leave it
>     at that.
> 
>     On 18/11/14 07:55, Mark Foster wrote:
> 
> 
>         On 18/11/2014 4:28 a.m., Scott Howard wrote:
> 
>             /"Minutes from the first creditors meeting show that Vocus
>             is trying
>             to claw back $1.48 million. It is understood this sum
>             represents the
>             full value of RackCentral's contract with Vocus, cut short
>             due to the
>             liquidation./
>             /
>             /
>             /"The contract was not due to expire until 2016 and they
>             [Vocus] have
>             included in their claim all the outstanding rentals for the
>             remainder
>             of the term," said Quin./
> 
> 
>             If only someone offered monthly contracts instead of 2-3
>             years!!!
> 
>             :)
> 
> 
>         I really, really hope you're taking the piss here.
> 
>         Vocus would've committed to resources with their
>         suppliers/vendors/etc
>         and will no doubt have taken a substantial financial committment
>         on, on
>         the basis of that contract. I hope they manage to get at least some
>         compensation for things.
> 
>         Mark.
> 
> 
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