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Schedule 1/6
to the Multiple Services Contract Effective January 10, 2013 |
Contents:
1. Definitions
2. General terms
3. Putting a domain name up for auction
3.1. Terms of providing the "Holding an auction" service
3.2. Ordering the "Holding an auction" service
3.3.Power of Attorney
3.4. Holding a repeated auction
4. How to become a Buyer
4.1. Terms of participating in an auction
4.2. Order for auction participation
4.3. Deposit
5. Bidding
6. Auction ending
6.1. Determining the Auction Winner
6.2. Domain name transfer to the Auction Winner
7. Payment
Domain name purchase — purchasing the right for domain name administration.
Domain name sale — transfer of the domain name administration right.
Auction for domain name administration right (Auction) — organizational activities, aimed at preparing and holding an open bidding for the right to administrate the domain name, put up by the Seller for sale, definition of the Auction Winner and domain name transfer to the Auction Winner.
Bidding — publication by the Organizer of the information about the domain name in the list of domain names for sale and auction participants' bids registration.
The Organizer — Joint Stock Company "RU-CENTER".
The Organizer's partner — a person, participating in the Organizer's partners program (party, according to the Multiple Services Contract, NIC-REG index). In definitions of this Schedule, the Organizer's partner, to whom the organizer provides the "Holding an auction" service, and who takes the actual actions, listed in this Schedule, for the Buyer, is called Partner.
Seller — domain name administrator, wishing to sell it at the most suitable for him conditions.
Buyer — an individual person or a legal entity, willing to buy a domain name at an auction under the terms of this Schedule, who addressed the Organizer's partner for that purpose.
Bidder — Buyer, taking part in the auction. Individuals or legal entities, determined as "Buyers" in the Domain Name Auction Schedule (Addendum for the Service Agreement, the index NIC-D), who ordered the "Holding an auction" service directly from the Organizer can participate in the auction as well.
Auction Winner — Bidder, who has won bidding (offered the Best bid).
Order — Seller's or Buyer's address to the Organizer in the form, set by the Organizer, containing information, which is necessary for holding an auction.
Power of Attorney — certificate of empowerment, given by the Seller to the Organizer, for representation of the Seller's interests before the Buyers in the process of holding an auction for domain name administration right and in the process of domain name transfer to the Auction Winner.
Deposit — money funds, deposited by the Partner to guarantee the payment for a domain name.
Start Price — the price from which domain name bidding starts
Blitz-Price — the price, for which a domain name may be sold before the end of bidding period.
Buyer's Bid — an offer to the Bidders for domain name purchase. Buyer's Bids are set by Bidder himself (by Buyer) or by Partner for Buyer. Bids at the auction bidding are set by Bidders in conventional money units and include taxes.
Best bid — maximum of all Bidders' bids.
Second bid — second bid after the Best bid.
Auction step — an interval, within which the Buyer may increase the bid (from 20 (twenty) to 50 (fifty) conventional money units).
Domain name price — a sum of money, including taxes and the Organizer's reward, which is paid by the Partner for buying a domain name. Domain name price is determined by the amount of the Auction Winner's best bid.
Notice — the terms omitted in this Schedule are specified in the documents "Domains Registration Schedule in RU and РФ TLDs" (Schedule 1/1 to the Multiple Services Contract), "Domains Registration Schedule in SU TLD" (Schedule 1/5 to the Multiple Services Contract), "Third-level Domains Registration Schedule" (Schedule 1/15 to the Multiple Services Contract).
2.1. The "Holding an auction" service (Holding an auction for the right to administer a domain name) is provided by the Organizer to the Seller and is aimed at performing the following actions by the Organizer from the Seller's name and at the Seller's expense, which result in domain name administration right transfer from the Seller to the Auction Winner:
a) organization and holding bidding for a domain name, determination of the Auction Winner;
b) getting the domain name price from the Partner;
c) deduction and transfer to the budget of the income tax for the Seller according to the requirements of the Russian Federation Tax code (in case the Seller is an individual and has not presented information about his registration as an individual entrepreneur);
d) money transfer (for domain name sale) to the Seller to the bank requisites, specified by the Seller (domain name price minus income tax and Organizer's reward);
e) entering a record about domain name registration to the auction Winner's name into the domain names Registry after the Organizer receives the full domain name price for domain name purchase from the Partner.
2.2. The Organizer provides the "Holding an auction" service to the Seller under this Schedule, and at the same time:
a) Rights and obligations of the Organizer, the Partner, the Seller and the Buyer, emerging in connection to the Seller obtaining the service, are determined in this Schedule.
b) Relationships, emerging between the Partner and the Seller, between the Partner and the Buyer, which are not regulated by this Schedule, are regulated by agreements between them.
2.3. The Seller's consent with the terms of this Schedule is his Power of Attorney to the Organizer for selling a domain name, and consent of the Buyer and the Partner - forming an order for participation in an auction by the Partner on the Organizer's https://www.nic.ru/auction/, web-server, located on https://www.nic.ru/auction/.
2.4. The Seller, the Buyer and the Partner acknowledge the legal effect of notifications and messages, sent by the Organizer to their contact e-mail addresses, specified by them in their contracts, forms, Power of Attorney and other documents. Such notifications and messages are equal to messages and notifications in writing, sent to the Buyer's, the Partner and Seller's mail addresses. In case there are any disputes regarding the facts of sending messages, receiving messages, time of sending and contents of the messages, the Organizer, the Buyer, the Partner and the Seller have agreed to consider the evidences of the Organizer's archive service reliable and definitive for resolution of disputes between the indicated parties.
2.5. The Organizer, the Buyer, the Partner and the Seller agree that a domain name sale deal between the Seller and the Buyer is considered accomplished in writing at the terms of this Schedule from the moment of domain name registration in the Registry to the Buyer's name, under the condition that the Partner has paid the full price for domain name purchase.
2.6. The Organizer shall inform the Seller on the fact of rendering the service by an e-mail sent to the Seller address. If the motivated Seller's objections set forth in simple language in writing and sent by mail service failed to reach the Organizer's address within 15 (fifteen) calendar days from the date of the abovementioned Organizer's e-mail, the service rendered to the Seller by the Organizer is considered to be accepted by the Seller.
2.7. The auction for domain name administration right is an open auction, i.e. within the period of bidding anyone can become a Buyer.
2.8. A domain name put up for the auction cannot be taken off the auction within its period, neither can be changed the current bidding terms, except for the cases, stipulated by this Schedule.
2.9. Within the period of holding an auction domain name Administrator change and domain name Registrar change are not performed for a domain name put up for the auction.
2.10. Before domain name is transferred to the Auction Winner, domain name administration right belongs to the domain name Administrator, who is responsible at his own for possible violations of the rights of trademark owners and other objects of exceptional rights.
2.11. The Organizer reserves the right to remove a domain name from the auction before a record about domain name registration to the Auction Winner's name is entered into the Registry in the following cases:
a) there are any doubts about trustworthiness of the documents or information, presented by the Seller or the Auction Winner;
b) at least one of the domain names, specified in the Power of Attorney:
c) it is impossible to transfer domain name rights to the Auction Winner due to the reasons, stipulated by the documents:
d) other cases, which may cause violations of third parties' rights.
e) if the domains are deemed by Organizer as having the content contradictory to public interests, human and moral principles, in particular, obscene and human suffering content, profanity-related or infringing human dignity content, etc.
2.12. In case the service has not been provided because of the events, described in the paragraph 2.9 of this Schedule, the Partner does not have to pay for it, at that:
a) Deposit is released on the Partner's contract account, and may be returned to him on the basis of his official letter containing the recipient's bank details;
b) in case the Partner has paid for domain name purchase, the whole sum of money may be returned to him on the basis of his official letter containing the recipient's bank details.
2.13. From the moment of entering a record about domain name registration to the Auction Winner's name into the Registry, provisions of the following documents apply to the Auction Winner:
a) "Domains Registration Schedule in RU and РФ TLDs" (Schedule 1/1 for the Multiple Services Contract) - for domain names in RU TLD;
b) "Domains Registration Schedule in SU TLD" (Schedule 1/5 for the Multiple Services Contract) - for domain names in SU TLD.
c) "Third-level Domains Registration Schedule" (Schedule 1/15 to the Multiple Services Contract)
2.14. The Organizer is entitled, at its own discretion, to choose the comments for publication, made by the Buyer as regards the domain name, as well as attribute a domain name to any category or rubrics. The Buyer has a sole responsibility for maintenance of these comments to the domain name.
2.15. The issues related to the use of domain name, including construction and location of sites, publishing website content, alienation and other actions omitted herein are not regulated by the present Schedule and shall be deemed inappropriate.
3. PUTTING A DOMAIN NAME UP FOR AUCTION
3.1. Terms of providing the "Holding an auction service"
3.1.1. Sellers on the auction can be:
3.1.2. Only second-level domain names in RU , РФ, SU TLDs, or third-level domains, Registrar of which is the Organizer, may be put up for the auction.
3.1.3. The Organizer puts a domain name up for the auction when the following conditions are met:
a) An order for holding an auction for domain name administration right has been put up for the https://www.nic.ru/auction/ web-server under the terms, specified in paragraph 3.2
b) The Seller has provided a Power of Attorney to the Organizer, at that the Power of Attorney is valid for not less than 2 (two) months from the date of placing the domain name to bidding;
c) domain name registration is valid for not less than 2 (two) months from the date of placing the domain name to bidding;
d) for the moment of placing the domain name to the auction from the last domain ownership change or Registrar transfer, if such occurred, the minimum period as indicated below shall pass:
60 (sixty) calendar days have passed from the day of the last domain name transfer from another administrator or another registrar, if such a transfer has occurred.
3.1.4. The Organizer has the right to refuse to put the domain name up for the auction in case the events described in the paragraph 2.9 of this Schedule occur.
3.2. Ordering the "Holding an auction" service
3.2.1. The order is placed on the https://www.nic.ru/auction/ web-server (in the "My auctions" section "Domains name auction: for Seller" link) one of the two following ways:
An order, which didn't arrive for processing in 3 (three) months since it has been received by the Organizer, is cancelled by the Organizer.
3.2.2. When placing an order the Seller should set the terms for bidding during the auction:
Minimal Cost (a required parameter) - a minimal sum of money for which the Seller agrees to sell the domain name. This parameter is specified in the order in conventional money units free of taxes.
Domain name Start Price on bidding will be formed by summation of Organizer's Reward and Minimal Cost including tax.
By setting a Minimal Cost the Seller gives its complete and unconditional consent to sell the domain name for this sum of money pursuant to this Schedule. The Seller cannot dispute the cost afterwards and cannot refuse to sell the domain name for this sum of money.
Blitz-Cost (an optional parameter) - a sum of money for which the Seller agrees to sell the domain name before the end of bidding period. This parameter is specified in the order in conventional money units free of taxes.
Domain name Blitz-Price on bidding will be formed by summation of the Organizer's Reward and the Blitz-Cost including tax. Presence of a set Blitz-Price is always shown to Buyers.
By setting a Blitz-Cost the Seller gives its complete and unconditional consent to sell the domain name for this sum of money pursuant to this Schedule. The Seller cannot dispute the cost afterwards and cannot refuse to sell the domain name for this sum of money.
3.2.3. Bidding terms, set by the Seller in the order, cannot be changed after the order is formed.
3.2.4. An order may be cancelled by the Seller before the order is processed.
3.3. Power of Attorney
3.3.1. The Organizer takes an obligation to place the domain names registered to the Seller's name and specified in the Power of Attorney to bidding and to transfer them to the Auction Winner according to the terms of this Schedule. Requirements to the form and contents of the Power of Attorney, the order of its drawing up are available at the Organizer's web-server https://www.nic.ru/auction/ (in the section "Sell a domain name", the link "Sell a domain name at the auction").
3.3.2. In case the Power of Attorney expires, domain name may be put up for the auction by means of ordering a new "Holding an auction" service by the Seller and providing a new Power of Attorney to the Organizer.
3.4. Holding a repeated auction
3.4.1. In case a domain name has not been sold within the preceding auction, a repeated auction is conducted automatically not earlier than 3 (three) days after the end of the preceding auction under the following conditions:
a) The Seller has not refused to hold a repeated auction;
b) there is not less than 2 (two) months before the Power of Attorney expiration date;
c) for the moment of beginning of the repeated auction there is not less than 2 (two) months before domain name expiration date.
3.4.2. The Seller may specify new bidding terms, determined by the paragraph 3.2.2 of this Schedule, before the beginning of the repeated auction. In case new bidding terms are not determined by the Seller, the repeated auction will be held under the conditions of the previous auction.
3.4.3. The Seller may refuse to take part in the repeated auction before its beginning. The refuse is made on the web-server https://www.nic.ru/auction/ (the section "My auctions", the link "Domain names auction: for the Seller"). The Seller may restore his agreement to hold a repeated auction at any time, at that the auction will be held in case the terms listed in the paragraph 3.4.1 are met.
4.1. Terms of participating in an auction
a) The Partner has formed an order for participation in the domain name auction on the web-server https://www.nic.ru/auction/; the Organizer does not guarantee the order execution if the Seller forms the order less than two hours before the end of bidding;
b) there is a sum of money on the Partner's contract account for the deposit;
4.2. Order for auction participation
4.2.1. Order for auction participation is formed by the Partner on the web-server https://www.nic.ru/auction/ (in the section "My auctions", the link "Domain Auction: Buyer Profile").
4.2.2. In the process of forming an order for auction participation the Partner has specify the number of the Buyer's form and set initial terms of Buyer's bidding participation:
Buyer's bid (a required parameter).
Only integer number may be specified as a bid. A bid is specified in conventional money units and includes taxes.
A bid may be:
a) equal to the Start Price;
b) exceed the Start Price on the value within the auction step;
c) equal to the Blitz-Price, if such a price is set.
Maximum bid (an optional parameter) - is an assignment for the Organizer to increase the Buyer's bid automatically in the period of bidding. At that Buyer's bid increase is made by the Organizer with a minimum possible auction step and only in case the Buyer's bid is not the Best bid. The Maximum bid is specified in the order in conventional money units and includes taxes.
4.3. Deposit
4.3.1. Deposit is entered by the Partner for Buyer's auction participation for every domain name in order to guarantee fulfillment of domain name Purchase obligations.
4.3.2. Amount of the deposit
a) Amount of the deposit for residents is set in rubles and equals to 1500 (one thousand five hundred) rubles (including taxes).
b) Amount of the deposit for non-residents is 59 (fifty nine) US dollars (including taxes).
4.3.3. Deposit is considered made after the sum of money specified in the paragraph 4.3.2 on the Partner's contract account.
4.3.4. Using the deposit
a) In case the Buyer becomes the auction Winner, and the Partner fully paid for domain name purchase, the deposit will be released on the Partner's personal account and may be returned to him on the basis of the official letter with the recipient's bank details.
b) The deposit may be debited as payment for the domain name under the following conditions:
c) In case the Buyer becomes the auction Winner, and the Partner does not pay for domain name purchase according to the terms of this Schedule, the deposit will be charged-off from the Partner's contract account.
d) In case the Buyer's maximum bid is the Second bid after the end of bidding, then in case the Auction Winner pays for domain name purchase, the deposit will be released on the Partner's contract account.
e) In case the Buyer's maximum bid is not the Best bid or the Second bid after the end of bidding, the deposit will be released on the Partner's contract account within an hour after the end of bidding
5.1. Notification about bidding is made by the Organizer after the Seller fulfills the terms of placing a domain name to an auction, specified in the paragraph 3.1. Notification is made 24 hours before the start of bidding by means of publishing information about the period and bidding terms on the web-server https://www.nic.ru/auction/.
5.2. Bidding period
5.2.1. The moment of bidding start and the moment of bidding end for each domain name are determined by the Organizer and are published on the web-server https://www.nic.ru/auction/. The period of bidding is not less than 20 (twenty) calendar days.
5.2.2. Bidding may be prolonged from the bidding completion date, specified on the web-server https://www.nic.ru/auction/, under the condition that less than 5 (five) minutes have passed from the moment of the last bid. In such a case bidding will take place until the period of time between bidding participants' bids exceeds 5 (five) minutes.
5.2.3. In the period of bidding the Organizer has a right to prolong bidding from the bidding end date specified on the web-server https://www.nic.ru/auction/. At that notification about bidding prolongation is made by the Organizer by means of publishing that information on the web-server https://www.nic.ru/auction/ or on the web-server www.nic.ru. Information on the web-server https://www.nic.ru/auction/ (in the section "My auctions") is available when service agreement authorization is used.
5.2.4. Bidding may be completed ahead of schedule in case domain name was sold for a Blitz-Price.
5.3. Bids change
5.3.1. The Buyer's bid change is made by the Buyer or the Partner on the web-server https://www.nic.ru/auction/ (in the section "My auctions", the link "Domain Auction: Buyer Profile").
5.3.2. Bid value:
a) a bid should exceed the Best bid on a value within the auction step;
b) a bid may be equal to the Blitz-Price if such a price is set.
Only integer number may be specified as a bid.
5.3.4. In the period of bidding the Buyer may change the value of the Maximum bid:
a) set a value of the Maximum bid;
b) change the value of the Maximum bid;
c) remove the Maximum bid.
Using of the Maximum bid is determined in the paragraph 4.2.2 of this Schedule.
5.4. Refusing to participate in bidding
One can refuse to participate in bidding in the period of bidding only in case the Buyer's bid is not the Best bid or the Second bid among all Buyer' bids. Refusal to participate in bidding is made by the Buyer or the Partner on the web-server https://www.nic.ru/auction/ (in the section "My auctions", the link "Domain Auction: Buyer Profile"), at that the deposit reserved on the Partner's contract account is released from blocking. Should the Buyer refuse to participate in bidding, he will not be allowed to re-enter current domain bids.
5.5. Bidding in which only one Buyer has taken part is considered abortive. In such a case the Organizer has a right, at the Seller's power of attorney, to transfer the domain name to that Buyer under the condition that he fulfills the provisions of the Schedule concerning the Auction Winner.
6.1. Determining the Auction Winner
6.1.1. At the end of bidding the Organizer determines the Auction Winner and the Buyer, who offered the Second bid. In case bids of the two Buyers are equal, the Buyer, who's bid was first registered in bidding, gets the priority.
6.1.2. At the end of bidding the Organizer sends notifications containing information about the end of bidding by means of communication channels to the Seller, the Buyers, the Partner and the Auction Winner.
6.1.3. The Partner has to pay for domain name purchase according to the paragraph 7 of this Schedule.
6.1.4. In case the Partner does not fulfill payment obligations, the right to purchase the domain name is transferred to the Buyer, who offered the Second bid, from the moment the Organizer sends a corresponding notification to the Buyer by means of communication channels. At that:
a) The Buyer who offered the Second bid becomes the Auction Winner, and provisions of this Schedule, concerning the Auction Winner, apply to him, and about that he is informed by the Organizer by means of communication channels
b) Domain name payment obligations go to the corresponding Partner, and the Organizer informs him about that by means of communication channels.
6.1.5. If the Partner does not comply with his payment obligations, according to paragraph 6.1.4 (b) the auction is considered completed.
6.2. Domain name transfer to the Auction Winner
The Organizer transfers the domain name to the Auction Winner (enters a record about domain name registration to the Auction Winner's name into the domain names Registry) no later than 3 (three) business days from the day when the Partner fulfills payment obligations, at that domain name expiration date is not changed. From the moment of entering a record into the Registry about domain name transfer to the Auction Winner, the rights and obligations of a domain name administrator apply to him.
6.3. The Organizer transfers a sum of money to the Seller according to the paragraph 7 of this Schedule.
6.4. In case the domain name is not sold the Organizer informs the Seller by means of communication channels about auction ending within 1 (one) day after the end of the auction.
7.1. The current section contains provisions, containing the features of payment procedure for the "Holding an auction" service, which the Seller, the Buyer, the Partner and the Organizer engage to use in case they conflict with provisions of the section "Cost of services and payment procedure" of the Multiple Services Contract.
7.2. Equivalent of a conventional money unit
7.2.1. Ruble equivalent of a conventional money unit for the aims of the current Schedule is specified equal to a ruble equivalent of 1 (one) US dollar, set by the Central Bank of Russian Federation for the date of bidding end.
7.2.2. Dollar equivalent of a conventional money unit for the aims of this Schedule is specified equal to a ruble equivalent of 1 (one) US dollar.
7.3. Taxes are defined according to active legislation of Russian Federation.
7.4. The Organizer's auction holding services price (the Organizer's reward) is 7 (seven) percent from domain name Price (including taxes).
7.5. Domain name price
7.5.1. Domain name price for residents is set in rubles and is determined by multiplication of the Auction Winner's maximum bid (the Best bid) by a ruble equivalent of a conventional money unit.
7.5.2. Domain name price for non-residents
7.5.2.1. Domain name price for non-residents, who have chosen USA currency (dollar) to pay for services under the agreement (according to the paragraph 4.1.2.1 of the Service Agreement), is set in US dollars and is determined by multiplication of the Auction Winner's maximum bid (the Best bid) by a dollar equivalent of a conventional money unit.
7.5.2.2. Domain name price for non-residents, who have chosen Russian Federation currency (ruble) to pay for services under the agreement (according to the paragraph 4.1.2.1 of the Service Agreement), is set in rubles and is determined by multiplication of the Auction Winner's maximum bid (the Best bid) by a ruble equivalent of a conventional money unit.
7.6. Payment for domain name purchase
7.6.1. Payment for domain name purchase is made by the Auction Winner's Partner according to the invoice, presented by the Organizer. Invoice is formed automatically by the Organizer. Original invoice is sent to the Partner by mail to the address, specified in the Partner's Multiple Services Contract with the Organizer:
- to a legal entity or a business owner - no later than 3 (three) business days from the moment of sending a notification to him that he is an Auction Winner;
- to an individual - by his request.
A copy of the invoice may be received on the Organizer's web-server www.nic.ru, in the section "Manage your account".
7.6.2. The Auction Winner's Partner has to pay for domain name purchase within 10 (ten) calendar days from the day when the Organizer sends a notification to him that his Customer is an Auction Winner.
7.6.3. Forms of payment
7.6.3.1 Payment according to an invoice, issued by the Organizer
7.6.3.1.1. The Partner can pay for a domain name according to an invoice, issued by the Organizer. Payment is considered completed when money funds arrive at the Organizer's settlement account, and the Organizer receives confirming payment documents from the bank, which identify the payment.
7.6.3.1.2. In the process of drawing up payment documents by the Partner, in the section "Payment purpose" a reference to the invoice number and to the Multiple Services Contract number with the Organizer is required.
7.6.3.2. Payment by transferring money to the Partner's contract account
Payment for domain name purchase by transferring money to the Partner's contract account is considered performed, if the following conditions are met:
a) There is enough money on the Partner's contract account to buy the domain name. The order of recharging the contract account is described on the Organizer's web-server in the "Prices and payments" section ("Payment procedures").
b) The Partner confirmed his consent to pay according to the electronic domain name purchase payment invoice, issued by the Organizer (consent for money charge off the contract account of the Multiple Services Contract). The Partner confirms his consent to pay according to the invoice on the https://www.nic.ru/auction/ web-server in the "My auctions" section.
7.6.4. After the Partner paid for the domain name, the deposit is released on the Partner's contract account.
7.6.5. If the Partner did not pay for the domain name in time, specified in paragraph 7.6.2 of this Schedule, the deposit is charged off his contract account according to paragraph 4.3.4 (b) of the Schedule.
7.7. The Organizer transfers to the Seller the sum of money received for domain name sale, minus the Organizer's reward and necessary taxes, no later than 10 (ten) business days from the day when the Partner fulfills payment obligations. Money can be transferred to the Seller the following ways:
a) By paying on a settlement account, specified in the Seller's Power of Attorney from any bank, resident of Russian Federation;
b) On 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 the personal account of his agreement is set forth on the Organizer's web-server, on the https://www.nic.ru/dns/contract/auct_draw_poruch.html page.
7.8. The Organizer draws up reporting documents for the Seller, the Partner and the Auction Winner no later than 10 (ten) business days from the day when the Partner fulfills payment obligations. Documents are sent by mail to addresses, specified in agreements with the Organizer.
7.9. Auction Winner's payment obligations for the domain name will be deemed unexecuted, if within a domain registration period the Organizer made a refund upon a request from the payment system engaged for domain name purchase. In this case the Organizer is entitled to consider domain name transfer invalid from the moment of refund and use the domain name at its own discretion.