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Schedule 1/18
to the Multiple Services Contract Effective April 15, 2015 |
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 the "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 into the Registry information relating to domain name its, Registrant, and other data set by the Terms 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/. The Terms will prevail over the terms of this Schedule.
Plan - price of the Service determined in accordance with the Plan's Validity Period. The Plans and their Validity Periods are specified in Addendum 2 to the Multiple Services Contract.
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 ones, if there more time left before the deletion of domain names by the Registry.
Note: the terms omitted in this 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 plan chosen by the Customer while making the order.
2.3. The Contractor delivers the services to the Customer, who concluded the Multiple Services Contract 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 the Customer 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/ (hereinafter, the "Contractor's web server").
2.5. An Order for a service confirms that the Client agrees with the Terms and the modification procedure thereof.
2.6. Domain Backorder service is deemed provided from the moment of record entry in the Registry on the domain name and its Registrant.
2.7. 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.
2.8. 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 Schedule 1/1 to the Multiple Service Contract.
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. hereof.
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;
g) in other cases likely to hinder domain name registration based on a Customer's request.
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 7.6, 8.4 of the Domains Registration Schedule in .RU and .РФ TLDs (Schedule 1/1 to the Multiple Services Contract).
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 while making an Order 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) hereof 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 30 (thirty) calendar days before the scheduled date of domain name release and before 4:30 p.m. MSK of the day of initiation of the procedure for domain deletion from the Registry.
4.6.2. Before Validity Period of a Plan 100, 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 by the Contractor 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. Other order generation and execution issues will be regulated by Addendum 3 to the Multiple Services Contract.
5.1. According to paragraph 3.3.3. of the Terms, the service fee is determined on a case-by-case basis depending on the period remaining before the removal of domain names from the Registry, and will correspond with the current Plan.
5.2. 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.
5.3. 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.
5.4. Other payment and money reservation issues for the service delivery will be regulated by Addendum 4 to the Service Agreement.