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Schedule 1/18
to the Multiple Services Contract Effective August 27, 2012 |
The Contractor - Joint Stock Company "Regional Network Information Center" (JSC RU-CENTER).
The Customer - a person or a legal entity that made an order to the Contractor for backorder service in RU and РФ TLDs.
Partner - a person engaged in the Contractor's Partner program (Party bound by the Multiple Services Contract, NIC-REG). As part of this Schedule, the Partner means a Contractor's affiliate, in favor of which the Contractor renders "Backorder Registration" service, and who fulfills for the Customer definite actions listed hereunder. The Partner and Customer independently set forth mutual obligations between each other in the appropriate agreement.
Client - an individual or legal entity desirous to register a soon-to-release domain name under the terms of this Schedule, addressing this request to the Partner.
Domain Name Release (Registration Cancellation) - deletion of information relating to domain name and its Registrant from the Registry.
Order (Request) - Customer's address to the Contractor in the format established by the Contractor, containing all necessary data for domain backorder in RU and РФ TLDs in the name of the Client specified in the Order.
Backorder Service - a service rendered by the Contractor in favor of the Customer, herein referred to as 'service' and described as forwarding an application for registration of the second-level domain name in RU and РФ TLDs upon its release from the Registry, and entering to the Registry information relating to domain name and its Registrant based on the Customer's request.
Terms - terms and conditions of domain name registration in RU and РФ TLDs approved by Coordination Center for TLD RU and published on its website: http://www.cctld.ru/en/docs/.
Plan - price of Service determined by the Plan's Validity Period. The Plans and their Validity Periods are defined in Addendum 2 to the Multiple Services Contract in service fees "Backorder service for one domain in RU and РФ TLDs" (per year) subject to the period left before the domain name release".
Deletion procedure is described on the Contractor's web server.
Plan's Validity Period - period of time when the price of Service is fixed.
One Plan's Validity Period is considered to be earlier than the other one's, if there more time left before the deletion of the domain names by the Registry.
Note: the terms omitted in the current Schedule are specified in Domains Registration Schedule in RU and РФ TLDs (Schedule 1/1 to the Service Agreement).
2.1. The Contractor will deliver the services to the Customer as part of the Schedule. In this case:
a) The Contractor's and Partner's rights and duties arising in connection with obtaining backorder service by the Partner are set forth in this Schedule.
b) The relationships between the Partner and the Client that fall beyond this Schedule are regulated by separate agreements by and between each other.
2.2. By ordering a backorder service the Customer agrees with the terms and conditions of this Schedule. This order also serves as a Customer's consent to pay for the service according to the selected plan.
2.3. The Contractor delivers the services to the Customer, who concluded the Service Agreement in written form with the Contractor. The conclusion of the agreement is preceded by the Customer's registration procedure in the Contractor's database, wherefore it is required to fill out a form in the format, set by the Contractor. In the process of registration the Customer on his own does the following: chooses and registers individual administrative and technical passwords, ensures that the passwords are confidential and is liable for all actions taken using the passwords.
2.4. A backorder serves as the Customer's consent with the terms of this Schedule. The Customer agrees that information he provides by filling out the sections marked as "publicly available" in requests or other documents (including electronic forms) will be available for search engines and might be accessed by anyone. List of required information published with the Customer's consent is available on the Contractor's web server: https://www.nic.ru/en/.
2.5. The Customer and the Contractor acknowledge the legal effect of notifications and messages, sent by the Contractor to the e-mail addresses, specified by the Customer in the Service Agreement. Such notifications and messages are equal to messages and notifications in writing, sent to the addresses, specified by the Customer in the Service Agreement. The Customer and the Contractor, in case of any disagreements concerning the facts of sending and receiving messages, the time of sending, contents of the letters, agreed to consider evidences of the Contractor's archive service binding and definitive for settlement of disputes between indicated parties.
2.6. An Order for a service confirms that the Client agrees with Terms and Conditions of Domain Name Registration in RU and РФ TLDs indicated in the Order and the modification procedure thereof. The document is available at https://www.nic.ru/dns/contract-zao/. An Order for a service indicates also that the Customer agrees to pay for the service according to the plan chosen when ordering.
2.7. Domain Backorder service is deemed provided from the moment of record entry in the Registry on the domain name and its Registrant.
2.8. The Contractor shall inform the Customer on the fact of rendering the service by an e-mail sent to the Customer's address. If the motivated Customer's objections set forth in simple language in writing and sent by mail service failed to reach the Contractor's address within 15 (fifteen) calendar days from the date of the abovementioned Contractor's e-mail, the service rendered to the Customer by the Contractor is considered to be accepted by the Customer.
2.9. The form of any official letter is set by the Contractor and is available at its web server http://ww.nic.ru/. The letters should be sent to the following address:
Attn: A.V. Panov, General Director
Regional Network Information Center
2/1, 3d Khoroshevskaya str., Moscow, Russia, 123308
2.10. From the moment the domain registration records are made into the Registry in the name of the Client specified in the Order, this Client is deemed to be bound by the following documents:
3. Terms of Domain Backorder Service
3.1. The Contractor provides Domain Backorder service, if the Customer has a written agreement with the Contractor, and the Contractor has an Order for the service that is ready to be implemented according to p. 4.4. of this Schedule.
3.2. The Contractor does not guarantee rendering of the Service to the Customer in the following cases:
a) if the Contractor's order was not the first among the orders submitted by other Registrars in the process of domain name registration in the Registry;
b) if the period of registration for the soon-to-expire domain name was extended by its Registrant;
c) if the domain name serves as a subject of court procedure, under the condition that the Contractor has an appropriate evidence confirming that;
d) if domain name registration is cancelled under legally implemented court decision, in the case when a person, whose priority rights were violated as determined by court, has a privilege to register the cancelled domain name;
e) in other cases which can cause violation of third parties' rights at the Contractor's opinion;
f) if domain name registration is against the Terms.
If these events occur, the Service will not be rendered, while the funds allocated on the Customer's Personal Account for service payment shall be released and may be used as a payment for any other services.
3.3. The Contractor may engage third persons for Service delivery. In this case, upon domain transfer from another Registrar this domain will fall under restrictions envisaged by para 8.6, 9.4 of the Domains Registration Schedule in RU and РФ TLDs (Schedule 1/1 to the Service Agreement).
4. Processing Request for Domain Backorder
4.1. Order of Domain Backorder is made on the Contractor's web server. Forms for orders are available on the Contractor's web server.The Customer agrees that the domain name will be registered in the name of the Client indicated in the Order for the service.
4.2. Order is considered as waiting for activation, when the following conditions are met:
a) The Customer made an order on the Contractor's web server.
b) Funds enough for paying the order according to the chosen Plan are allocated on the Customer's personal account.
c) Validity Period of the Plan chosen when ordering has not occurred yet.
4.3. Order is activated:
4.3.1. for an order waiting for activation - when Plan's Validity Period starts;
4.3.2. for an order made within the Validity Period of the Plan chosen when ordering - when provisions of p. 4.2. (a, b) herein are met.
4.4. Activated order is considered ready to be executed and starts to be executed when domain name deletion from the Registry starts.
4.5. The Contractor does not guarantee activation of an order made less than 1 hour before the start of domain name deletion from the Registry.
4.6. Terms of making an order.
4.6.1. Order can be made within 10 days before the scheduled date of domain name deletion from the Registry.
4.6.2. Before Validity Period of a Plan100, Order can be made:
a) when there is no other order waiting for activation - for any Plan;
b) when there is another order waiting for activation - for a Plan with an earlier Validity Period.
The validity period of the plan is deemed earlier, if the time span from the start of domain names deletion process from the Registry is more extensible, than from another Period. The validity period of "Plan 100" is the earliest one.
4.6.3. Within Validity Period of one of the Plans, Order can be made:
a) when there is no other order waiting for activation - for a current Plan or a Plan with an earlier Validity Period;
b) when there is another order waiting for activation - for a Plan with an earlier Validity Period, but no earlier than the start of current Plan's Validity Period.
4.7. Order is cancelled if:
4.7.1. The condition of p. 4.2. (b) is not met before the end of Plan’s Validity Period.
4.7.2. Other Customer’s order with an earlier Validity Period is being activated or waiting for activation (all Orders with later Validity Periods are cancelled). If funds are allocated on a Personal Account, they will be released and can be used to pay for other Contractor's services, or the sum may be refunded on the basis of an official letter with the recipient's bank details.
4.7.3. The domain name is renewed by its Registrant. If funds are allocated on a Personal Account, they will be released and can be used to pay for other Contractor's services, or the sum may be refunded on the basis of an official letter with the recipient's bank details.
4.8. Processing of the Order ready for execution begins after the release of the domain name from the Registry. In case of successful completion by the Contractor of the procedure of domain name registration, the Contractor enters information on the Registrant into the domain name Registry.
4.9. The Contractor's decision to register a domain name or to refuse the registration will be based on a reason provided for in this Schedule, the Terms, Schedule 1/1 to Multiple Service Contract (Domains Registration Schedule in RU TLD).
4.10. Orders for new services from the Customer are processed on a first-come, first-served basis. The sequence in which the Orders are processed can be changed on the Contractor's web server in the "Manage your account" panel ("Orders" - "Processing queue, order removal").
4.11. During the period of funds reservation in the Personal account of the Agreement for any service renewal, an Order for this renewal has priority in processing over any Orders for new services placed by the same Customer.
4.12. The Customer may delete the Order, for which the conditions in p. 4.2. (b) of this Schedule are not met, on the Contractor's web server in the "Manage your account" panel ("Orders" - "Processing queue, order removal").
5.1. This section contains regulations as regards payment procedure details for the backorder service in RU and РФ TLDs, which the Contractor and the Customer are obligated to utilize in case they are in contradiction to the regulations of section 'Service cost and payment order' of the Multiple Service Contract.
5.2. According to p. 3.3.3 of the Terms, the price of the service can be different depending on the time left before the start of deletion of domain names from the Registry and corresponds to the chosen Plan.
5.3. Service cost for residents and for non-residents, who chose to pay in RF rubles (as per para 4.1.2.1 of the Service Agreement) will be fixed in rubles and is specified in p. 1 of the Addendum 2 to the Multiple Service Contract (section "Backorder service for one domain in RU and РФ TLDs (per year), depending on the time left before domain name release").
5.4. Service cost for non-residents, who chose to pay in US dollars (as per para 4.1.2.1 of the Service Agreement) will be fixed in US dollars and is specified in p. 2 of the Addendum 2 to the Multiple Service Contract (section "Backorder service for one domain in RU and РФ TLDs (per year), depending on the time left before domain name release").
5.5. Taxes are determined according to current legislation of the Russian Federation.
6.1. The Contractor, according to the current pricing for the services, registers information about Customer's payments and the services used by the Customer on the Customer's Personal Account. The money transferred by the Customer are entered into his Personal Account after the money arrive at the Contractor's checking account, and under the condition that the Contractor receives the confirming documents from the bank.
The Customer can access his Personal Account information on the Contractor's web server www.nic.ru in the section "Manage your account" (the link "Account balance").
6.2. Service is paid for by transferring money into the Customer's Personal Account.
6.3. Payment Procedure
6.3.1. The Contractor will invoice a Customer upon receiving an appropriate request from the Customer. The request for an invoice is made by the Customer at the Contractor's Web server in the section "Manage your account". On condition that the Customer has signed a Multiple Services Contract with the Contractor, the original of the invoice will be sent to the Customer by post:
A copy of an invoice can be printed by the Customer at the Contractor's web server in the "Manage your account" section.
6.3.2. The Customer shall put the number of their Contract with the Contractor in the section "Payment Subject" of any payment document prepared by the Customer.
6.4. In order to provide the service, the Contractor shall reserve the funds on the Customer's Personal Account in accordance with the chosen Plan, and the allocated funds cannot be used to pay for other services. The funds are allocated within five minutes since they are credited to the Customer's personal account.
6.5. The funds will be withdrawn from the Partner's personal account after 12.00 a.m. on the last day of the month, in which the service was fully paid. If the Service was paid on the last day of the month, the funds will be withdrawn next month.
6.6. The Customer's available cash balance shall be refunded in case of Agreement termination, by bank transfer to Customer's bank account in any Russian Federation resident bank. Contractor shall take refund actions, no later than within 10 (ten) business days of the date of Customer's delivery of a written statement indicating the recipient's full banking details.
6.7. The Customer's obligations related to payments for the service will be deemed unfulfilled, if the Contractor reimburses the funds within 1 (one) calendar year at a request of the payment system used by the Customer to pay for the service. In this case the Contractor shall be entitled to cancel the service from the moment of such reimbursement and to use the domain in its discretion.