Schedule 1/36
to the Service Agreement
Effective March 20, 2017
Club Program Status Service Schedule
1. Definitions
4. Service Order for the New Term
Contractor is Joint Stock Company "Regional Network Information Center" (JSC RU-CENTER).
Customer is a person or entity participating in the Contractor's Club Program that has signed a Service Agreement (NIC-D; hereinafter referred to as "Agreement") and ordered a Status service from the Contractor.
Contractor's Club Program is a type of relationship between the Customer and the Contractor whereby the Contractor allows the Customer to use the Contractor's services at a rate set for customers who bought a specific Status.
Status Service ("Status" or "Service") is a service that allows the Customer to participate in the Contractor's Club Program and to use the Contractor's services at a rate set for Customers who bought a specific Status. The list of services that the Customer is entitled to use under the Contractor's Club Program, including additional services which shall be included in the cost of the respective Status, shall be determined by the Contractor at its own discretion without the Customer's consent and published on the Contractor's Web Server.
Status Service Term is a period when the service settings made by Contractor are valid, which allows the Customer to use the Service. Service Term is 1 (one) year after its delivery to the Customer.
Status Category is the category of the Customer who has met all the conditions set out in this Schedule; it corresponds to the Status that the Customer paid for and received. Status Categories are given in Addendum 2 to the Agreement.
Rate is a system for calculating the cost of services provided by the Contractor.
Retail Rate is a rate applied to the Customer who has not paid for the Service, including for the new Term. Retail Rates are given in Addendum 2 to the Agreement.
Status Rate means a rate type applied to the Customer who has paid for the Status Service. The amount and terms of discounts applied to retail rate plans depending on the status category are stipulated in Addendum 2 to the Service Agreement.
Service Features are its price and Term.
Contractor's Web Server is a web server located at: http://www.nic.ru.
2.1. The Customer shall comply with the requirements of the Terms of Use published on the Contractor's Web Server at: https://www.nic.ru/dns/reglaments/en/servpol.html. The Customer agrees that it may be Schedule 1/36 to the Service Agreement Effective March 01, 2016 affected by the consequences of actions undertaken by the Contractor to prevent negative consequences of third-party activities disrupting the Contractor's system. In this case, the Contractor in its activities shall be guided by the provisions of the Terms of Use and guarantee the Customer to mitigate such negative consequences.
2.2. The Contractor shall deliver the Service to the Customer only if it is technically feasible. Under no circumstances shall the Contractor be held liable to the Customer for poor quality of the Service hereunder due to any events or actions beyond the Contractor's reasonable competence and control, including, without limitation, the quality of Internet connection subject to quality of other providers' networks operation, the policy of traffic exchange between providers, and the Customer's hardware and software operation. The Contractor shall be held liable for improper delivery or non-delivery of the Service hereunder only due to its own fault.
2.3. The cost of services ordered by the Customer prior to the delivery of the Status Service by the Contractor shall remain unchanged. The cost of services under the Status shall be applied by the Contractor only to services ordered by the Customer after purchasing the respective Status Category.
3.1. A Service order shall be made on the Contractor's Web Server in the "Manage your account" section.
3.2. The cost of the Status Service and the Contractor’s services under the Status Categories are given in Addendum 2 to the Agreement. The cost of services in accordance with each Status Category shall be set and changed by the Contractor at its own discretion.
3.3. The Customer may order the Service and pay for it for 1 (one) year only.
3.4. The Service order shall be deemed to be the Customer's consent to pay for the Service the price effective on the day of the Service delivery.
3.5. By paying for the Status, the Customer acknowledges its intent to order the Contractor's services at prices corresponding with the Status Category that the Customer paid for and purchased. The cost of the Contractor's Service shall be debited from the Customer’s Personal Account in one installment and shall be non-refundable even if the Agreement is terminated before its expiration (for any reason).
3.6. The Service shall be deemed provided to the Customer after the Contractor makes the applicable service settings. Such service settings result in the Status Category being shown in the "Manage your account" section on the Contractor's Web Server. Thereafter the Service shall be deemed delivered to the Customer, and the Contractor shall provide to the Customer its services in accordance with the Status Rate.
4. Service Order for the New Term
4.1. The Customer shall manually order the Service for the following Term. The Contractor shall provide the Service if there is an order from the Customer and sufficient funds in the Customer's Personal Account.
4.2. The Customer can order the Service for a new Term no earlier than 30 (thirty) calendar days before the Service Term expiration. The Customer can order the Service for the new Term on the Contractor's Web Server in "Manage your account" section.
4.3. No later than 30 (thirty) calendar days before the Service Term expiration, the Contractor shall notify the Customer that the Service has to be ordered for the following Term. The notices shall be sent to the Customer using the communication channels.
4.4. If the Customer fails to order and pay for the Service for the following Term, then, after the Service Term expiration, Retail Rates will be applied to other services of the Contractor.
4.5. When the Service is ordered for the following Term, the money required to pay for the Service will be allocated by the Contractor. Such funds will be debited 24 (twenty-four) hours prior to the commencement of the new Service Term.
4.6. Before the funds are debited from the Customer's Personal Account, the Customer is entitled to cancel the order of the Service for the new Term or choose a new Status Category. If the Customer fails to order and pay for the Service for the new Term, Retail Rates will be applied to other services of the Contractor.
4.7. If there is an unpaid order for the Service, the Contractor shall not accept new orders for the Service until the cancellation of the previous order for the Service.
5.1. During the Service Term, the Status Rate can be only be upgraded to a higher-priced Status Rate, in which case the new Service Term will commence after the payment for the higher-priced Status Rate. The new Status Rate will be shown in the "Manage your account section" on the Contractor's Web Server in accordance with Clause 3.6. hereof.
5.1.1. During the Service Term, the Customer can upgrade the Status Rate to a higher-priced Status Rate by ordering the Status Service in the "Manage your account" section on the Contractor's Web Server. The Service fee for switching to a higher-priced Status Rate will be shown during the order process in the "Manage your account" section on the Contractor's Web Server, and it will be calculated using the following formula:
C=С2-С1*(Т-t)/T
where:
C means the Service fee for changing the Status;
С1 means the Service fee with the previous Status for the Service Term;
С2 means the Service fee with the new Status for the Service Term;
Т means the Service Term (one year);
t means the period from the day of switching to a higher-priced Status Rate (including such day) to the day of the Service Term expiration.
The new Service Term will be 1 (one) year from the date of the Service delivery in accordance with Clause 3.6. hereof. The fee amount can be re-calculated if the payment is made on the day other than the day of the Service order.
5.2. The Customer can switch to a lower-priced Status Rate only when ordering the Service for the following Term.
5.3. When ordering the Service for the following Term, the Customer can choose any Status Rate. To do so, the Customer shall choose the new Status Rate in the Service order for the new Term 30 (thirty) calendar days prior to the Service Term expiration. The Customer shall make the order on the Contractor's Web Server in "Manage your account" section.
5.4. If the Status Rate is changed, the Contractor shall send a notice regarding the Service to the Customer's email address after the order implementation. The new Status Rate will be shown in the "Manage your account section" on the Contractor's Web Server in accordance with Clause 3.6. hereof.
6. Special Terms of Additional Services
6.1. The Contractor may, if it is technically feasible, offer the Customer who has paid for the respective Status Service Category additional services involving advertising and information support (hereinafter, "Additional services"), including the placement of the Customer's banners and information about the Customer's products/works/services (hereinafter, the "Customer's products") on the Contractor's web server, provision of information about the Customer's products to the Contractor's clients, etc. The cost of additional services shall be included in the cost of the respective Status Service Category.
6.2. Status Categories to which Clause 6.1 hereof shall apply are stipulated in Addendum 2 to the Service Agreement.
6.3. Technical terms, the scope, and the timeframe for the provision of additional services, as well as other terms and conditions which the Parties may deem material, shall be agreed by exchanging electronic copies of documents via communication channels.
6.4. Either Party may, at any time and at its own discretion, terminate additional services or modify the terms of their provision by notifying the other Party via communication channels no less than 3 (three) business days prior to such termination or modification.
6.5. The Customer shall submit materials required to render additional services and other information to the Contractor via communication channels within the timeframe specified in the Contractor's request. If the Customer fails to submit information within the specified timeframe, the Contractor shall be entitled to refuse to provide or suspend the provision of additional services to the Customer.
6.6. The Customer shall guarantee that materials and information submitted to the Contractor for the provision of additional services to the Customer comply with applicable Russian laws. Furthermore, the Customer shall guarantee that materials and information submitted to the Contractor do not infringe third-party rights.
6.7. The Contractor shall not be held liable for the accuracy of information about the Customer's products, as well as other information provided by the Customer for the provision of additional services to the Customer.