Schedule 1/9: Domain Backorder Schedule (in auction form)

Schedule 1/9
to Service Agreement

Effective
January 30, 2015
 

Domain Backorder Schedule (in auction form)

1. Definitions
2. General terms
3. Backorder service
    3.1. Service Provision Terms
    3.2. Service Order
4. Auction
    4.1. General terms
    4.2. Deposit
    4.3. Bidding Period
    4.4. Bid Changes
    4.5. Bid Refusal
    4.6. Auction Winner Election
    4.7. Auction Winner Domain Transfer
5. Payments

1. DEFINITIONS

The Contractor - Joint Stock Company 'RU-CENTER'. Contractor's web server is located at https://www.nic.ru/.

Customer - a person or a legal entity, which made an order to the Contractor to backorder service.

Domain Name Release (Registration Cancellation) - deleting information from the Registry of the corresponding TLD (Registry) as regards domain name and its Registrant.

Order - Customer's address to the Contractor in the format established by the Contractor, containing all necessary data for backorder.

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 domain name upon its release to the Registry, and transfer domain administration (entering an appropriate record into the Registry) to:

- the Customer, if the Contractor received a single backorder;
- the Auction Winner, if the Contractor received more than one backorder.

Expired Domains Auction (Auction) - administrative actions undertaken by the Contractor in case backorders are received from several Customers claiming the same domain, aimed at organizing and conducting closed bidding for domain administration rights among Customers, as well as electing and domain transfer to the Auction Winner.

Bidder - the Customer, participating in the Expired Domains Auction. Legal entities, referred to as 'Partners' in the Domain Backorder Schedule (an Addendum to the Multiple Services Contract, the index NIC-REG), can participate in the auction as well. All Bidders have equal opportunities; there are no expressed priorities concerning auction participants.

Bidding - furnishing of the information to the Bidders by the Contractor regarding future bidding and registration of the bids of the Bidders.

Auction Winner - the Bidder, who won the bidding (who offered the Best bid). If the Auction Winner does not comply with his payment obligations, set by the current Schedule, the new Auction Winner is determined according to the terms of the current Schedule.

Deposit - a sum on the Customer's Service Agreement personal account, reserved by the Contractor as a payment for registration of a soon-to-expire domain name in case the Contractor receives a single order to register it, or as a guarantee of Customer's obligation for payment for service rendered, received as a result of the auction.

Bid - an offer of the Bidder to buy a domain name. Bids are set by Bidders in conventional money units and include taxes. The initial bid is made by the Contractor.

Best Bid - the maximum of all bids of the Bidders.

Second Bid - next to the Best bid.

Auction Step - an interval, within which the Bidder can increase the bid. It varies from 5 (five) to 50 (fifty) conventional money units.

Note: the terms omitted in the current Schedule are specified in: "Domains Registration Schedule in SU TLD" (Schedule 1/5 to Service Agreement), "Third-Level Domains Registration Schedule" (Schedule 1/15 to Service Agreement).

2. GENERAL TERMS

2.1. The Contractor provides services for the Customer, who has concluded a Service Agreement with the Customer in written form (hereinafter referred to as the Agreement). Before the conclusion of the Agreement the Customer shall undergo registration procedure in Contractor's data base. 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.

2.2. A backorder serves as the Customer's full and unconditional consent with the terms of this Schedule.

2.3. 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 and other documents. 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.

2.4. If the backorder service was not rendered due to the events, listed in the paragraph 3.1.3 (a,b) of the current Schedule, the Customer's order is considered active (ready to be executed) until it is deleted by the Customer in the order, set by the current Schedule.

If the backorder service was not rendered due to the events, listed in the paragraph 3.1.3 (c,d,e) of the current Schedule, it is not payable by the Customer, at that:

a) the Deposit on the Customer's Service Agreement personal account is released and may be refunded to him/her on the basis of his/her official letter with the recipient's bank details;
b) if the Customer paid for the service, the whole sum may be refunded on the basis of an official letter with the recipient's bank details.

2.5. The Contractor shall inform the Customer on the fact of rendering the service by an e-mail sent to the Customer 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.

2.6. From the moment the Customer's domain registration records are made into the Registry, the Customer is deemed to be bound by the following documents:

a) "Domains Registration Schedule in SU TLD" (Schedule 1/5 to the Service Agreement) - for SU domains;
b) "Third-Level Domains Registration Schedule" (Schedule 1/15 to the Service Agreement) - for third-level domains.

3. BACKORDER SERVICE

3.1. Service Provision Terms

3.1.1. The Contractor renders the service only in regard to second-level domain names in SU TLD and third-level domains in COM.RU, NET.RU, ORG.RU, PP.RU domains and geodomains, the latter listed on page https://www.nic.ru/dns/service/geo_list.html.

3.1.2. The Contractor renders the service under the condition the following terms are met:

a) the Customer's Service Agreement personal account contains an amount enough for making a Deposit; The order of recharging the personal account is described on the web-server www.nic.ru - https://www.nic.ru/, (in section 2 of Addenda 4 to the Service Agreement);
b) The Customer ordered the service on the Contractor's web-server https://www.nic.ru/auction/ - https://www.nic.ru/auction/, (in the section "My auctions");
c) the terms, listed in subparagraphs (a, b) of the current paragraph, are met not later than 3 hours before the moment of domain name release from the Registry.

3.1.3. 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 registration of the second-level domain name in RU and SU TLDs 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 a domain name registration is in violation of the Registration Policy as defined by the TLD Sponsor;
h) if a registration application for third-level domains in domains NET.RU, ORG.RU and PP.RU was submitted after 30.01.2015 06:00 p.m. MSK.

3.1.4. The Contractor has the right to reject the order in case domain name registration contradicts to para 3.1.2.2 of "Domains Registration Schedule in SU TLD" (Schedule 1/5 Service Agreement), or para 3.1.2.2 of the Third-Level Domains Registration Schedule (Schedule 1/15 Service Agreement).

3.2. Service Order

3.2.1. The order for the service is made by the Customer on the web-server https://www.nic.ru/auction/ (in the section "My auctions").

3.2.2. Third-level domain backorders in NET.RU, ORG.RU and PP.RU domains are received before 30.01.2015 06:00 p.m. MSK.

3.2.3. The order is considered ready to be executed, if the terms listed in the paragraph 3.1.2 (a, b) of the current Schedule are met.

3.2.4. The order which is not ready for the execution cancelled in the following cases:

- if the condition specified in paragraph 3.1.2 (a) is not executed within 3 (three) months from the moment of order reception by the Contractor;
- if the condition specified in paragraph 3.1.2 (a) is not executed before domain name release from the Registry but at this moment the Contractor receive orders for registration of this released domain name from other Customers and this orders are ready for execution;
- if Customer initiated order cancellation in website https://www.nic.ru/auction/ (in "My auction" section).
- if order service has been generated with respect to third-level domain names in NET.RU, ORG.RU or PP.RU domains and the condition specified in para 3.1.2. (а) has not been fulfilled before 30.01.2015 06:00 p.m. MSK.

3.2.5. Processing of the order ready to execution begins after the release of the domain name from the Registry. At that:

a) During carrying out by the Contractor of procedure of registration of a domain name in the Registry the Customer cannot remove the order ready to Execution.
b) in case of successful completion by the Contractor of the procedure of domain name registration in the Registry, the Contractor transfers domain name rights (enters an appropriate record into the domain name Registry):

- to the Customer, if the Contractor received a single backorder. At that domain name rights transfer to the Customer is performed within one business day after the Contractor completes the procedure of domain name registration in the Registry;
- to the Winner of the auction, held among Customers, if the Contractor received more than one backorder. At that backorders from other Customers are cancelled. The order and the terms of domain rights transfer to the Auction Winner are specified in the paragraph 4.7 of the current Schedule.

3.2.6. When the events, mentioned in the paragraph 3.1.3 (a, b) of the current Schedule, occur, the Customer's backorder remains ready to be executed and awaits the next date of domain name release. The Customer can cancel the order on the web-server https://www.nic.ru/auction/ (in the section "My auctions"). After the order is cancelled, the Deposit on the Customer's Service Agreement personal account is released and may be refunded on the basis of an official letter with the recipient's bank details.

If Customer's backorder for the service was generated with respect to third-level domain in NET.RU, ORG.RU or PP.RU, 30.01.2015 06:00 p.m. MSK, the order will be cancelled by the Contractor, in this case the Deposit will be released on the Customer's personal account and may be refunded based on his/her official letter with specification of recipient's details.

3.2.7. When the events, mentioned in the paragraph 3.1.3 (c, d, e) of the current Schedule, occur, the Customer's backorder is cancelled by the Contractor, at and the Deposit on the Customer's Service Agreement personal account is released and may be refunded on the basis of an official letter with the recipient's bank details.

3.2.8. Starting from 30.01.2015 06:00 p.m. MSK, backorders for NET.RU, ORG.RU and PP.RU domains, which have not been submitted for processing in compliance with para 3.2.5. of this Schedule, are canceled by the Contractor, in this case the Deposit will be released on the Customer's personal account and may be refunded to him/her based on his/her official letter with specification of the recipient's details.

4. AUCTION

4.1. General Terms

4.1.1. The auction is held in case the Contractor received more than one ready to be executed backorder, and under the condition that the procedure of domain name registration after its release was successfully completed by the Contractor.

4.1.2. In the period of the auction domain name rights are in possession of the Contractor up to the moment the domain name is transferred to the Auction Winner (appropriate record entry into the domain name Registry).

4.2. Deposit

4.2.1. Deposit amount:

a) for the residents is fixed in rubles and equal to 750 (seven hundred and fifty) rubles (tax included);
b) for non-residents is fixed in US dollars and equal to 30 (thirty) US dollars (tax included).

4.2.2. The Deposit is reserved by the Contractor on the Customer's Service Agreement personal account:

- as a guarantee of the Customer's compliance with service payment obligations - in case of an auction.
- as a service payment, if a single backorder request has been submitted or if the auction is to be held. In this case the Deposit will be withdrawn fully or partially - subject to the service fee as per this Schedule.

4.2.3. Deposit use

a) If the service has been rendered by the Contractor under the single order, the Deposit will be used for service payment in complete or partial form. The service price is thereby determined based on items 5.3(a), 5.4.1(a), 5.4.2(a) of this Schedule (the cost is defined similar to para 5.3. (а)). Undisbursed part of the Deposit is released on the Customer's Service Agreement personal account and may be refunded on the basis of an official letter with the recipient's bank details.
b) If the Customer became an Auction Winner the Deposit shall be fully or partially used for service payment. In this case the cost of the service will be determined:
- subject to para 5.3(b), 5.4.1(b) and 5.4.2 hereinbelow, if the Best Bid is equal to the bid set by the Contractor at the start of the bidding;
- subject to para 5.3(c), 5.4.1(c), 5.4.2 (the cost of the service is determined similar to para 5.3(c)) hereinbelow, if the Best Bid exceeds the Bid set by the Contractor at the start of the bidding.
Non-used part of the Deposit will be released on the Customer's Agreement and may be refunded to latter by an official letter with specification of recipient's details.
c) If the Customer became an Auction Winner and failed to pay for the service rendered according to the terms of the current Schedule, the Deposit is charged-off from the Customer's Service Agreement personal account as a payment for the Contractor's expenses for Customer's participation in the auction.
d) If the Customer's maximum bid is the Second bid at the end of bidding, and in case the Auction Winner complies with payment obligations, the Deposit on the Customer's Service Agreement personal account is released and may be refunded on the basis of an official letter with the recipient's bank details.
e) If the Customer's maximum bid is not the Best or the Second bid at the moment of bidding completion, the Deposit on the Customer's Service Agreement personal account is released within an hour after the end of bidding and may be refunded on the basis of an official letter with the recipient's bank details.

4.3. Bidding Period

4.3.1. The Contractor informs the Customer about the period and conditions of bidding by sending information to e-mail addresses, specified by the Customer in the Service Agreement, and also by publishing information 24 hours prior to the start of bidding on the Contractor's web-server https://www.nic.ru/auction/ (in section "My auctions").

The above information is available to the Customer through authorization under the Service Agreement.

4.3.2. Domain name bidding start and completion dates are determined by the Contractor and published on the web-server https://www.nic.ru/auction/ (in the section "My auctions"). The period of bidding is not less than 3 (three) calendar days.

4.3.3. The period of bidding can be extended from the moment of bidding completion indicated on the web-server https://www.nic.ru/auction/, if the last bid was made less than 5 (five) minutes ago. In this case bidding process continues, until the intervals between biddings do not exceed 5 (five) minutes.

4.3.4. Within the bidding period the duration of bidding can be extended by the Contractor from the moment of bidding completion indicated on the web-server. The Contractor informs the Customer about extension of the period of bidding by publishing the appropriate 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 to the Customer through authorization under the Service Agreement.

4.4. Bid Changes

4.4.1. At the beginning of bidding the Contractor sets all Customers' bids equal to 30 (thirty) conventional money units. At that the Best and the Second bids are the bids of the Customers, whose orders were ready to be executed the first and the second accordingly.

4.4.2. Bid change is done by the Customer on the web-server https://www.nic.ru/auction/ (in the section "My auctions"). The new bid has to exceed the Best bid for the amount within the auction step. The bid can be only integer. Bids are set by Bidders in conventional money units and include taxes.

4.4.3. In the period of bidding, the Customer can specify the amount of the Maximum bid. Specifying the Maximum bid is an instruction to the Contractor to increase the Customer's bid automatically at the period of bidding. At that Customer's bid increase is done by the Contractor with minimum possible auction step and only if the Customer's bid is not the Best bid. The maximum bid is specified in the order in conventional money units and includes taxes.

The Customer can change the Maximum bid or delete it.

4.5. Bid Refusal

The Customer can refuse to participate in bidding during the time of bidding if only his bid is not the Best or the Second bid among all Bidders' bids. A refusal to participate in bidding is made on the web-server https://www.nic.ru/auction/ (in the section "My auctions").

After the Customer's refusal to participate in bidding, the Deposit, reserved on the Customer's Service Agreement personal account, is released and may be refunded to the Customer on the basis of his official letter with the recipient's bank account details. Should the Customer refuse to participate in bidding, he will not be allowed to re-enter current domain name bids.

4.6. Auction Winner Election

4.6.1. At the moment of bidding completion the Contractor determines the Auction Winner and the Bidder, who offered the Second bid. If two Customers have equal bids, the advantage is given to the Customer, whose bid was registered the first.

4.6.2. After bidding is over, the Contractor sends notifications containing information about the end of bidding to the Customers and to the Auction Winnerto e-mail addresses, specified in their contracts.

4.6.3. The Auction Winner has to pay for the service rendered according to the paragraph 5 of the current Schedule.

4.6.4. If the Auction Winner does not comply with his payment obligations, domain name registration right is transferred to the Customer, who offered the Second bid, from the moment of forwarding an appropriate notification by the Contractor to the e-mail addresses, specified in his contract. At that the Customer, who offered the Second bid, becomes the Auction Winner, which abides by the rules of the current Schedule concerning the Auction Winner. The Contractor notifies the Winner at the e-mail addresses indicated in his contract.

4.7. Auction Winner Domain Transfer

The Contractor transfers rights to administrate the domain name to the Auction Winner no later than 3 (three) business days from the day the Auction Winner fulfills the payments obligations, at that the term of validity for domain name registration is not changed. From the moment of entering the record concerning domain name transfer to the Auction Winner into the Registry, he will abide by the Registrant rights and obligations.

4.8. Failure by the Auction Winner offering the Second bid to comply with payment obligations, the auction shall be deemed completed. The Contractor is thereby entitled to take charge of the domain name at his own discretion.

5. PAYMENTS

5.1. The current section contains regulations as regards payment procedure details for the backorder service, 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 Service Agreement.

5.2. Deposit amount and its utilization procedure are set forth in para 4.2 hereunder.

5.3. Service Cost for Resident

Fixed in rubles and defined as follows:

a) if the service has been rendered by the Contractor under the single order, the service cost is specified in item 1 Addendum 2 Service Agreement in service fee "Backorder service in SU domain for one year with the single order available" or in service fee "Backorder service for one domain (per year) in geodomains and COM.RU, NET.RU, ORG.RU, PP.RU domains with the single order available";

b) if the auction is to be held and in case the Contractor received two or more backorder requests for the same domain and the Best Bid is equal to the bid set by the Contractor at the moment of bidding start, the cost of the service for the Best Bid is determined equal to that specified in para 1 of Addendum 2 to the Service Agreement in the price for "Backorder service for one SU domain (per year) with a single order in place" or for "Domain name registration (per year) in geodomains and COM.RU, NET.RU, ORG.RU, PP.RU TLDs with a single order in place";

c) If the Contractor, as a result of the auction, has been awarded with two or more orders for registration of one and the same released domain name, and the Best Bid exceeds the bid set by the Contractor at the moment of bidding start, the service cost is calculated by multiplication of the Best Bid of the Auction Winner by the ruble equivalent of the conventional money unit.

5.4. Service Cost for Non-Residents

5.4.1. If a non-resident chose to pay in US currency (dollar) for the service under the Agreement (following para 4.1.2.1 of the Service Agreement), the service cost shall be fixed in US dollars and defined as follows:

a) if the service has been rendered by the Contractor under the single order, the service cost is specified in item 2 of Addendum 2 to the Service Agreement in service tariff 'single domain name backorder service in SU domain for one year with a single order available", or in service fee "Backorder service for one domain (per year) in geodomains and COM.RU, NET.RU, ORG.RU, PP.RU domains with a single order available".

b) if the auction is to be held and in case the Contractor received two or more backorder requests for the same domain and the Best Bid is equal to the bid set by the Contractor at the moment of bidding start, the cost of the service for the Best Bid is determined equal to that specified in para 2 of Addendum 2 to the Service Agreement in the price for "Backorder service for one SU domain (per year) with a single order in place" or for "Domain name registration (per year) in geodomains and COM.RU, NET.RU, ORG.RU, PP.RU TLDs with a single order in place".

c) If the Contractor, as a result of the auction, has been awarded with more than a single order for registration of one and the same released domain name, and the Best Bid exceeds the bid set by the Contractor at the moment of bidding start, the service cost will be calculated by multiplication of the Best Bid of the Auction Winner by the dollar equivalent of the conventional money unit.

5.4.2. If a non-resident chose to pay in RUR for the service under the Agreement (following para 4.1.2.1 of the Service Agreement), the service cost shall be fixed in RUR and defined similar to para 5.3 (a,b,c) hereinabove.

5.5. Equivalent of a Conventional Money Unit

5.5.1. The ruble equivalent of a conventional money unit, in definitions of the current Schedule, corresponds to a ruble equivalent of 1 (one) US dollar, set by the Central bank of Russian Federation on the day of bidding completion.

5.5.2. The dollar equivalent of a conventional money unit, in definitions of the current Schedule, is determined as equal to 1 (one) US dollar.

5.6. Service Payment

5.6.1. The Contractor, according to the active tariffs for the services, registers information about Customer's payments and the services, used by the Customer, on the Customer's Service Agreement personal account. The money transferred by the Customer are entered into his Service Agreement 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, which identify the payment.

In the process of preparing payment documents by the Customer, a reference to the number of the Customer's Service Agreement with the Contractor is mandatory in the "Payment Purpose" section.

The Customer can access his Service Agreement personal account information on the Contractor's web-server in the section "Manage your account" (the link "Account balance").

The Customer can recharge his Service Agreement personal account in the order, described on the Contractor's web-server www.nic.ru (in "Service payment options").

5.6.2. The Deposit is fully or partially used for payment of the service delivered by the Contractor. The cost of the service is subject to the price as per para 5.3 (a,b), 5.4.1 (a,b), 5.4.2 or by the auction results as per para 5.3 (c), 5.4.1 (c), 5.4.2. Non-used part of the Deposit will be released as per para 4.2.3 (a,b) hereinabove.

5.6.3. The Auction Winner has to pay for the service rendered within 10 (ten) calendar days from the moment the Contractor sends him a notification about winning the auction. Payment is considered completed when money funds arrive at the Contractor's checking account, and the Contractor receives confirming payment documents from the bank, which identify the payment.

5.7. Money Withdrawal and Charging-off from the Service Agreement personal Account to Pay for the Service Rendered

5.7.1. Money blocking on the Auction Winner's Service Agreement personal account to pay for the service rendered is made in case the following terms are met:

a) there is a sum, enough to pay for the service rendered, on the Service Agreement personal account;
b) there is no refusal of the Auction Winner to pay for the service rendered;
c) the Auction Winner does not use the services, which need money blocking to extend their term of validity and which are going to be extended by the Auction Winner.

5.7.2. The funds for service payment are withdrawn from the Auction Winner's personal account upon expiry of the period specified in para 5.6.3 hereinabove, if the Auction Winner has not cancelled service payment. Non-used part of the Deposit on the Auction Winner's Service Agreement personal account is released according to the paragraph 4.2.3 (a, b) hereinabove.

5.7.3. By the initiative of the Auction Winner money charge-off to pay for the service rendered can be made by the Contractor before expiration of the term, determined in the paragraph 5.6.3 of this Schedule. In such a case money charge-off is made within 1 (one) calendar day from the moment the Contractor obtains the consent of the Auction Winner to pay for the service rendered until the expiration of time frame indicated in the paragraph 5.6.3, Non-used part of the Deposit on the Auction Winner's Service Agreement personal account is released according to the paragraph 4.2.3 (b) of the Schedule. The Auction Winner can confirm an agreement for pre-term money charge-off on the web-server https://www.nic.ru/auction/ in the section "My auctions" ("Expired domains auction", the link "Auctions: Pending payment").

5.7.4. The Auction Winner can refuse to pay for the service rendered before the money are charged-off from the Service Agreement personal account. The Auction Winner can refuse to pay or revoke his decision to pay for the service rendered on the web-server https://www.nic.ru/auction/ in the section "My auctions" ("Expired domains auction", the link "Auctions: Pending payment"). If the Auction Winner failed to pay for the service rendered within the period, set in the paragraph 5.6.3 of the current Schedule, the Deposit is charged-off from the Auction Winner's personal account according to the paragraph 4.2.3 (b) of the Schedule.

5.8. The Contractor prepares the documentation report for the Auction Winner no later than 5 (five) business days from the day of payment for the service rendered. The documents are sent by regular post to the address, listed in the Auction Winner's Service Agreement.

Documents for individuals are presented at their request to the address specified in Auction winner's agreement.

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