Schedule 1/8
to the Service Agreement
Effective July 11, 2016
1. Definitions
3.1. Service Provision Terms
3.2. Letter
3.3. Terms of Domain Name Purchase
3.4. Domain Name Transfer to the Buyer
4. Payment
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" (JSC RU-CENTER).
Seller means a Registrant wishing to sell a domain name in accordance with the terms of this Schedule.
Buyer means a person wishing to purchase a domain name for the price specified by the Seller in accordance with the terms of this Schedule.
Domain name escrow means a service provided by the Organizer to the Seller consisting of the Organizer's performance (in the Seller’s name and at the Seller’s expense) of the following legal actions, whereby the domain name ownership right is transferred from the Seller to the Buyer:
a) the Organizer receives the domain name price from the Buyer;
b) according to the Tax Code of the Russian Federation, the Organizer withholds and transfers to the state budget a value of the Seller's income tax (if the Seller being an individual has not informed the Organizer of its legal status as an individual entrepreneur);
c) transfers to the Seller (to the bank account specified by the Seller) the due sum for domain name sale (domain name price net of income tax, if the law envisages tax exemption, and the Organizer's Fee);
d) transfers the domain name to the Buyer, specifically: enters a domain name registration record in the Registry in the Buyer's name after receiving a full payment for the domain name purchase from the Buyer.
Letter means a written authorization issued by the Seller to the Organizer, whereunder the Organizer performs (on behalf and at the expense of the Seller) legal actions specified in this Schedule relating to the domain name sale by the Seller (hereinafter referred to as "Domain name escrow"). Letter shall contain a domain name price and necessary data on the Buyer. Detailed requirements to the form and contents of the Letter and the cases when the Application to the Letter is to be drawn up are available on the Organizer's web-server at https://www.nic.ru/dns/service/direct.html In this Schedule, the Letter also means a letter with all the addenda thereto, including the Application.
Organizer's Fee means cost of authorizing the Seller by the Organizer (cost of Domain name escrow) which is 10 (ten) percent (including VAT) from a domain name price, but not less than RUB 1,500 (one thousand five hundred). The Organizer deducts the Fee amount from a domain name price when transferring the due amount of money to the Seller.
Domain Name Price means a sum of money paid by the Buyer for the domain name ownership right, including taxes and the Organizer's Fee.
Registry means the central database of a corresponding gTLD, which contains information about registered domain names and corresponding DNS servers, as well as other information required for the registration and delegation of domains.
Note: the terms not defined in this Schedule are defined in the documents listed below:
- Domain Registration Schedule in .RU and .РФ TLDs (Schedule 1/1 to the Service Agreement),
- Domain Registration Schedule in .SU TLD (Schedule 1/5 to the Service Agreement),
- Third-Level Domains Registration Schedule (Schedule 1/15 to the Service Agreement),
- gTLD and foreign ссTLD Registration Schedule (Schedule 1/7 to the Service Agreement),
- gTLD and foreign ccTLD Registration Agreement,
- Landrush and General Availability Registration Schedule under New gTLD Program (Schedule 1/30-2 to the Service Agreement),
2.1. The Seller, the Buyer, and the Organizer acknowledge the legal effect of notices and messages sent by the Organizer to the e-mail addresses of the Seller and/or Buyer specified by them in the form, Letter, and other documents. Such notices and messages are equivalent to messages and notices made in writing and sent to the addresses specified by the Buyer and Seller in the form. The Organizer, the Buyer, and the 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 Organizer's archive service accurate and final for the settlement of disputes between the said parties.
2.2. The Buyer, the Seller, and the Organizer agree that the domain name sale deal will be deemed made in writing (domain name escrow completed) hereunder since the moment of domain name transfer to the Buyer, specifically, from the moment of Organizer's entry of a domain name registration record into the Registry in the Buyer's name.
2.3. The Organizer shall inform the Seller of service delivery by e-mail sent to the Seller's address. If any substantiated objections from the Seller executed in writing and sent by mail fails to reach the Organizer within 15 (fifteen) calendar days from the date of the delivery of the abovementioned e-mail by the Organizer, the service rendered by the Organizer to the Seller shall be deemed accepted by the Seller.
2.4. After the deal is completed, the Seller and the Buyer can, at their own discretion and on mutual consent, effect it in writing, without the Organizer's participation or, at the Purchaser's request, the Organizer may effect the deal with the Buyer on behalf of the Seller.
2.5. From the moment the Organizer receives the Letter from the Seller in accordance with this Schedule, Registrant and Registrar changes are not performed for a domain name transferred to the Buyer, and the deal terms can't be changed either.
2.6. Before domain name is transferred to the Buyer, the Seller shall hold the domain name ownership right with the restrictions set forth herein, and the Seller is solely responsible for possible violations of the rights of trademark owners and other items covered by exclusive rights.
2.7. The Organizer reserves the right to refuse authorizing the Seller within the whole period of service provision before the moment of domain name transfer to the Buyer in cases stipulated in Clause 3.1.3 of this Schedule.
2.8. Upon the occurrence of events specified in Clause 3.1.3.1 and subclauses (a), (b), (c), (d), (e), (f), (g), (i), (j) of Clause 3.1.3.2 of this Schedule and given that the Buyer has paid the domain name price, the whole amount will be returned to the Buyer on the basis of the official letter with the recipient's bank details.
Upon the occurrence of the event specified in the subclause (h) of Clause 3.1.3.2 hereof, the Organizer withholds Seller's authorization until the Buyer enters the Registrant object into the form. In case the specified data is not entered in the Buyer's form before the Letter expiration date, domain name escrow shall not be performed by the Organizer, whereby, subject to the Buyer paying the domain name price, the full amount shall be returned to the Buyer on the basis of the official letter with the beneficiary’s bank details.
2.9. The Seller may withdraw the Letter before the domain name is transferred to the Buyer.
Letter withdrawal shall possible, subject to the Organizer receiving from the Seller a relevant application made in writing and signed by an authorized person. In this case, if the Buyer has paid for domain name purchase, the full sum of money may be returned to the Buyer on the basis of its official letter with the beneficiary’s bank details
2.10. From the date a record Is made about domain name registration to the Auction Winner in the Registry, provisions of the following documents shall apply to the Buyer:
- Domain Registration Schedule in .RU and .РФ TLDs (Schedule 1/1 to the Service Agreement);
- Domain Registration Schedule in .SU TLD (Schedule 1/5 to the Service Agreement), accordingly;
- Third-Level Domains Registration Schedule (Schedule 1/15 to the Service Agreement);
- Landrush and General Availability Registration Schedule under New gTLD Program (Schedule 1/30-2 to the Service Agreement);
- gTLD and foreign ссTLD Registration Schedule (Schedule 1/7 to the Service Agreement).
3.1. Service Provision Terms
3.1.1. The Organizer shall provide the service to Sellers that are residents of the Russian Federation, subject to the Seller submitting a Letter to the Organizer.
3.1.2. Domain escrow shall be performed only in respect of second- and third-level domain names for which the Organizer serves as a Registrar.
3.1.3. The Organizer shall not perform domain name escrow in the following cases:
3.1.3.1. In case of any doubt in the reliability of documents or data provided by the Seller or the Buyer.
3.1.3.2. In case at least one of the domain names specified in the Letter/Application meets one of the following conditions:
a) domain name is a subject of a court examination, in case the Organizer has appropriate evidence that the domain name is a subject of a court hearing;
b) domain name is being removed from the Registry;
c) domain name has been removed from the Registry;
d) domain name is not supported by the Organizer as a Registrar;
e) domain name is not administered by the Seller;
f) it is impossible to transfer domain name rights to the Buyer due to the reasons stipulated by the documents:
- "Domains Registration Schedule in .RU and .РФ TLDs" (Schedule 1/1 to the Service Agreement);
- "Domains Registration Schedule in .SU TLD" (Schedule 1/5 to the Service Agreement);
- gTLD and foreign ссTLD Registration Schedule (Schedule 1/7 to the Service Agreement);
- Third-Level Domains Registration Schedule (Schedule 1/15 to the Service Agreement),
- Landrush and General Availability Registration Schedule under New gTLD Program (Schedule 1/30-2 to the Service Agreement);
g) domain name is subject to a Registrar change procedure;
h) Registrant change request has been received for the domain name (the request/letter for domain administration right transfer has been received);
i) the Registry requires additional Buyer information for domain registration in the specified zone;
j) in other cases which may, in the Organizer's opinion, result in third-party rights infringement.
3.1.3.3. The Letter is executed(Application to the Letter shall be notarized) after August 10, 2016.
3.1.3.4. The Organizer receives the Letter and all the required addenda thereto after September 10, 2016.
3.2. Letter
The Seller authorizes the Organizer to perform the actions referred to as "Domain name escrow" from the Seller's name and at the Seller's expense under this Schedule. The procedure for compiling the Letter shall be available on the Organizer's web-server www.nic.ru in the "Domains" section ("Domain Escrow Service" section).
3.3. Terms of Domain Name Purchase The prerequisite condition for domain name purchase is the Buyer's payment for domain name in accordance with Clause 4 of this Schedule.
3.4. Domain name transfer to the Buyer Domain name transfer to the Buyer, specifically, Organizer's entry of a relevant record about domain name registration to the Seller into the Registry is performed no later than 7 (seven) business days from the date of receiving the payment for the domain name by the Organizer according to Clause 4.2 of this Schedule, at that, domain name registration term is not changed. From the date of domain name transfer to the Buyer, the rights and obligations of the registrant shall become applicable to it.
4.1. The Organizer’s invoice for domain name payment shall be formed automatically no later than 3 (three) business days from the Organizer's receipt of the Letter. At the same time, the Organizer shall send a notice to the Buyer's e-mail address about the invoice being issued. The original copy of the invoice shall be sent to the Buyer's mailing address specified in the Buyer's form:
- to a legal entity or an individual entrepreneur - no later than 3 (three) business days after the invoice is issued;
- to an individual - upon it request. A copy of the invoice may be received on the Organizer's web-server www.nic.ru in the "Manage your account" section.
4.2. The Buyer shall make a payment within the timeframe specified in the invoice. The Buyer's payment shall be deemed completed if the organizer receives the payment for the domain name, specifically, in the following cases: - when monetary funds reach the Organizer's settlement account, and the Organizer receives confirmation documents from the bank that identify the payment; - when monetary funds are paid to the Organizer in cash (in cases and in the amount permissible by the Russian laws). In the process of drawing up payment documents by the Buyer, a reference to the invoice number and to the number of his Agreement with the Organizer is required in the "Payment purpose" section.
4.3. The Organizer transfers a due sum of money to the Seller (domain name price minus the Organizer’s Fee and personal income tax if the law envisages tax exemption) no later than 7 (seven) business days from the date of receiving the domain name price from the Buyer in the term, set by the Schedule, in case all the conditions of service provision stipulated in Clause 3.1 of this Schedule are met. Funds can be transferred to the Seller in one of the following ways:
a) By paying on a settlement account, specified in the Seller's Letter from any bank, a resident of the Russian Federation;
b) To the personal account of the agreement with the Organizer (NIC-D index) specified by the Seller. The form of the Seller's application for money transfer to his personal account is presented on the Organizer's web-serverat https://www.nic.ru/dns/contract/direct_draw_poruch.html#stat.
4.4. The Organizer shall compile a report for the Seller and the Buyer no later than 5 (five) business days from the date on which the "Domain Name Escrow" service is rendered. Documents are sent by mail to addresses specified in agreements with the Organizer. The documents to individuals are sent upon their request.
5. Effective term of this Schedule
5.1. The Organizer shall accept Letters from Sellers in accordance with this Schedule until September 10, 2016, inclusive. Letters/Applications received after September 10, 2016 shall not be accepted by the Organizer or deemed as grounds for provision of services to Sellers according to this Schedule. In accordance with the Organizer's instructions published on the Organizer's web-server https://www.nic.ru, the Seller may use these documents for receiving other services rendered by the Organizer.
5.2. Upon the Organizer's performance of all obligations under all the duly drawn up Letters received prior to the date specified in Clause 5.1 hereof, this Schedule shall be terminated.