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Schedule 1/33
to the Multiple Services Contract Effective April 26, 2016 |
Domain Name Purchase means acquisition of domain name ownership right.
Domain Name Sale means transfer of domain name ownership right.
Organizer means Joint Stock Company "Regional Network Information Center" (RU-CENTER).
(Organizer's) Partner means an individual or legal entity that has signed a Multiple Services Contract (NIC-REG)
Client means individual or legal entity that applied to the Partner for purchasing a domain name under the terms of this Schedule. In this case, Partner and Client undertake mutual obligations in the respective agreement.
Client Form means the form to be filled out by the Partner or Client for Client registration in the Contractor's database. The form has a unique number assigned to it (hereinafter referred to as "form number").
Seller means Registrant wishing to sell a domain name under the terms of this Schedule.
Buyer means the Partner wishing to buy a domain name under the terms of this Schedule.
Order means Buyer's request generated through the web interface on Organizer's web server www.nic.ru for a domain name purchase for an agreed Transaction Amount according to this Schedule.
Application means written instruction (authorization) of the Seller drawn up and executed in accordance with the requirements published on the Organizer's web server authorizing the Organizer to change the registrant.
Commission means instruction (authorization) of the Seller authorizing the Organizer to take technical and legal actions aimed at the fulfillment of Seller's instructions presented in digital form in a manner and in accordance with the procedure set forth by this Schedule and Application.
Offer means an offer composed and sent by the Buyer through the web interface with a new Transaction Amount which is different from that the Seller announced when putting the domain for sale.
Transaction means the complete process of purchase of the domain name administration right between the Seller and the Buyer.
Domain Store means a service the Organizer delivers to the Seller, which consists of online platform provision ensuring the possibility of carrying out the Transaction between the Seller and the Buyer, or, subject to the context, the above mentioned digital platform.
Transaction Amount means the amount agreed upon between the Seller and the Buyer payable by the Buyer for the acquisition of the Seller's domain name administration right.
Seller's Fee/Fee means the amount payable to the Seller as a result of Transaction, net of taxes and Organizer's fee.
Secured Session means Seller's Internet session on nic.ru during which it passes additional identification by entering a secret code sent to its mobile phone number specified in the Application, in a special form on the Organizer's website at: https://www.nic.ru.
Organizer's Fee means cost of the Domain Store service the Organizer pays to the Seller. Organizer's Fee includes VAT at the rate set on the day of the Transaction.
Note: the terms not defined in this Schedule are defined in the below documents:
2.1. The Seller accepts this Schedule (and the Service Agreement concluded with the Organizer (the "services agreement") in accordance with Clause 1.4.2. thereof if the agreement is not concluded) by putting up domain name for sale in accordance with this Schedule (by giving Commission). From this moment the Seller acquires all rights and duties envisaged by this Schedule and the Domain Store Schedule attached to the Service Agreement.
Since the Seller accepts the Schedule (gives Commission), the Organizer will be deemed duly authorized by the Seller to:
2.2. The Buyer accepts this Schedule by approving the Transaction Amount for a domain name purchase in accordance with this Schedule. From this moment the Buyer is bound by all rights and obligations envisaged by this Schedule.
Following the Buyer’s acceptance of Schedule the Organizer will be deemed duly authorized by the Buyer to:
2.3. The Seller, Buyer, and Organizer acknowledge the legal effect of notices and messages sent by the Organizer to the e-mail addresses specified by them in the form, Application, and other documents, as well as published on the Organizer's website. Such notices and messages are equivalent to messages and notices made in writing and sent to the addresses specified by the Buyer and Seller. The Organizer, Buyer, and Seller, in case of any disagreements over delivery and receipt of messages, as well as the time of delivery, message content agree to deem evidence of the Contractor's archive service accurate and final for the settlement of disputes between the said parties.
2.4. The Buyer, Seller, and Organizer agree that the Transaction will be deemed made in writing under the terms hereof from the moment of transfer of domain name administration right to the person specified in the Order, specifically, when the record for domain name registration in a Client's name is entered in the Register.
2.5. After the completion of the Transaction, depending on the domain, the Client that became Registrant of the sold domain name will be legally bound by the provisions of the documents as stated below:
2.6. After delivering the service, the Organizer shall send to the Seller reporting documents in accordance with the procedure set forth by Addendum 4 to the Service Agreement.
2.7. The Organizer shall not be a party to the purchase and sale transaction between the Seller and the Buyer. Transaction Amount shall not be the Organizer's profit. Therefore, the Organizer shall not provide to the Buyer any accounting documents. The Buyer may request the Organizer's Report on the domain name purchase prepared using the form set forth by the Organizer.
3.1. The following individuals and entities may act as Sellers in the Domain Store:
3.2. The requirements for a domain name put up for sale:
no other services which entail registrant/registrar change may not be ordered with respect to a domain name;
3.3. Putting up domain name for sale, changing sale parameters, as well as sale discontinuation shall be carried out by the Seller only during Secured Session.
3.4. The domain may not be put up for sale repeatedly before Transaction completion for this domain, or before sale discontinuation upon Seller's initiative, or otherwise.
3.5. When putting the domain for sale the Seller indicates the initial Transaction Amount. Seller's fee shall be automatically calculated for each domain, which is indicated in the Seller's web interface. When putting up the domain name for sale the Seller agrees that it will receive the Fee for it which is equal to that indicated in the web interface at a final Transaction Amount. The initial Transaction Amount is equal to the final Transaction Amount, if domain bidding is impossible, or when entering into a Transaction at a price at the initial Transaction Amount.
3.6. In the Domain Store settings the Seller shall indicate payment details according to which it will receive a Fee for each sold domain. The Seller may choose a banking account opened in its name in a Russian bank or other option available in the Domain Store settings.
3.7. The Seller is entitled to remove the domain name from the domain store or change sale terms at any time, including the initial Transaction Amount and other terms specified in Clause 3.10 hereof, if an Order for the domain is not paid by the Buyer. If the sale terms are modified by the Seller, all of the Buyer's unpaid Orders for the domain name shall be canceled.
3.8. The Seller is entitled at any time moment to change payment details for Fee transfer for the sold domains. In this case the Fee from each further sale will be wires under the new payment details.
3.9. If Fee wire to the Seller's banking account fails, the Seller will be offered to check correctness of the specified details. The Fee will be wired after update of details within 10 (ten) business days since receipt of the updated details by the Organizer.
3.10. When putting a domain up for sale the Seller will indicate, whether the bargaining option is enabled for the domain name, in which case potential Buyers may come up with their Offers (the "bargaining option"), and whether information about the domain sale is available to all Buyers (the "public sale") or only to Buyers who were provided with the unique link (the "private sale"). If no such indication is available, the domain may be sold at the initial Transaction Amount. In a private sale, the domain name may only be purchased with the use of the Buyer's unique link provided by the Seller. The bargaining option or lack thereof as well as private or public sale may be set up by the Seller concurrently or separately.
3.11. Organizer will not be held liable for the scope and authenticity of Offers submitted to the Seller, if the Seller indicated that the price could be negotiable.
3.12. Each Offer contains a Transaction Amount offered by the Buyer, as well as automatically calculated size of the Fee payable to the Seller, if the Transaction passes under the terms of this Offer.
3.13. Each Offer obtained by the Seller may be accepted or rejected by it. Acceptance or rejection of the Transaction Amount offered by the Buyer does not affect Offers accepted from other Buyers. The Seller is entitled to accept several Offers simultaneously.
3.14. If the Seller within 14 (fourteen) days from the moment of Offer submission by the Buyer fails to process it (neither accepts nor rejects it), the Offer automatically becomes void and will be deemed rejected.
3.15. If the Seller accepts the Offer with respect to any domain name, the Buyer who submitted this Offer will be entitled to acquire this domain name at a price specified in the Offer. For the rest of the Buyers the domain purchase price will remain the same and be equal to the initial Transaction Amount.
3.16. If the Seller changes the Transaction Amount for the domain to be purchased, or the bargaining option is enabled or disabled, or the private or public sale is set for the domain name being sold, all Offers for this domain accepted by the Seller will be automatically canceled and will have a "rejected" status. The new Transaction Amount will be considered as a new initial Transaction Amount and will be set for all Buyers.
3.17. The domain name will be automatically discontinued from sale, if any of the following occurs:
3.18. After transfer completion of domain name administration right to the Buyer the Organizer will transfer the Fee to the Buyer under the specified payment details not later than 10 (ten) business days since the moment of transfer of domain name administration right to the Buyer.
3.19. After the domain is put up for sale, the Seller agrees with the following terms: any actions involving change of registrant (transfer of administration right to another person) and registrar will be prohibited until the domain name is removed from the domain store in a manner contemplated in Clause 3.3 hereof.
3.20. Before submission of a domain name to the Client (a person specified in the Order), the Seller will hold the domain name administration rights subject to the restrictions set forth herein, whereby the Seller has the sole responsibility for possible breach of third-party right, including trademark and other exclusive rights.
4.1. The following Partners may act as the Buyers in the Domain Store:
4.2. For domain purchase log in to Organizer's web server in "Manage your account" panel and generate Order for the selected domain. The number of the form of the Client who obtained the administration rights to the domain purchased by the Partner shall be indicated in the Order.
The Order for the selected domain confirms that the Buyer agrees with the Transaction and that the Partner has Client's consent specified in the Order for administration rights to this domain name according to this Schedule.
4.3. The Order’s implementation commences from the Organizer’s receipt of the payment from the Buyer.
4.4. Once the Order is paid by the Buyer, the domain will be discontinued from sale, the Organizer will initiate administration right transfer procedure with respect to it according to the Application and this Schedule. Registrant change procedure is implemented within 1 (one) business day provided the Organizer has the required information for Buyer's domain name transfer to the Client.
4.5. If several Buyers paid for the Order of the domain, the administration right will be transferred to the one, whose payment was the first to be reserved in the account under the Agreement. The Amounts reserved for payment of Order for domain purchase on personal accounts of agreements of other Buyers will be released within 1 (one) business day.
4.6. If the domain price is negotiable and the Buyer's Currency in the Agreement is Russian ruble, the Buyer may give Offers to the Seller for this domain.
4.7. For the Buyers having the Currency of the Agreement other than the Russian currency (ruble), no Offers will be available for the Seller. These Sellers shall only be entitled to accept (agree with) without changes the initial Deal Value.
4.7.1. The Seller, the Buyer, and the Organizer hereby agree in accordance with Article 317.2 of the Civil Code of the Russian Federation to use the Organizer's Internal Currency Rate, disclosed to the Seller and the Buyer by way of its publication in the Domain Store and set for the date of the placement of the Domain Order by the Buyer, to calculate (determine) the Deal Value for the Sellers having the Currency of the Agreement other than the Russian currency (ruble).
4.7.2. The Organizer shall be entitled to change the Organizer's Internal Currency Rate no more than once a day. In the event of any changes in the Organizer's Internal Currency Rate before the payment date of the Buyer's Domain Order, the said Order shall be automatically canceled with the corresponding notice given to the Buyer, and the Buyer shall place a new Domain Order and pay for it.
4.8. If the Seller accepted Buyer's Offer, from this moment the Buyer may buy a domain at a price stated in the accepted Offer.
4.9. If the Seller rejects Buyer's Offer, the Buyer may send a new Offer to the Seller.
4.10. If the Seller fails to process Buyer's Offer within 14 (fourteen) days from its submission, the Offer will be automatically rejected.
4.11. All records of Buyer's Offers and Seller's responses are stored on the domain sale page which can be viewed by the Seller upon authorization.
4.12. All records of Buyer's Offers and Seller's responses are stored and accessible to the Seller in Domain Store interface on the domain sale page.
4.13. If the domain is discontinued from sale due to the events listed in clauses 3.7. and 3.17. hereinabove, all unpaid Orders for such domain will be automatically deleted.
4.14. If domain administration rights have been transferred to the Client specified in the Order, the domain name registration term remains unchanged. The registrant of the domain name shall bear responsibility for domain name renewal, as well as the risk of consequences of delayed renewal or non-renewal of domain name following the entry of the registrant's (Client's) data specified in the Order in the Register.
5.1. Organizer's fee amounts to:
- 10% (ten percent) of the final Transaction Amount for all Buyers except for those listed below;
- 6% (six percent) of the final Transaction Amount for Buyers with Business Plus club status;
- 3% (three percent) of the final Transaction Amount for Buyers with Business Pro club status.
The Organizer's fee shall amount to at least 300 (three hundred) rubles from each Transaction Amount in any case. The Organizer's fee includes VAT at a rate applicable at the time of Transaction.
6.1. Buyer's obligations for payment of the Transaction Amount will be deemed fulfilled, if within 1 (one) year from the Transaction the Organizer makes a refund at a request from the payment system through which the Buyer paid for the domain name purchase. In this case the Organizer will be entitled to consider domain name transfer invalid from the date of refund, and use the domain name at its own discretion.