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Schedule 1/20
to the Multiple Services Contract Effective August 27, 2012 |
1. Definitions
2. General Terms and Conditions
3. Terms of Service
4. Service Order and Execution
5. Service Cost
6. Payments
Contractor is Closed Joint Stock Company "RU-CENTER".
Customer is a Partner who applied to the Contractor for premium domain selling service.
Partner is 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 provides "Premium Domains Selling" 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 — individual or legal entity wishing to register a premium domain under the terms of this Schedule.
Premium Domain is a domain name put on sale by its registrant, marked as Premium Domain, and published on the web server of the Contractor: www.nic.ru.
The service is provided for second-level .COM, .NET, .ORG, .BIZ, and .INFO domains.
Premium Domain Selling means transferring of Premium Domain administration rights to the Client.
Premium Domain Purchase means acquiring Premium Domain administration rights for the Client's name.
Order is an application made by the Customer to the Contractor using the standard form, containing data required for rendering of the Premium Domain Selling service for the Client's name specified in the Order by the Customer.
Premium Domain Price is the amount paid by the Customer for Premium Domain Purchase, including the Contractor's fees and the taxes.
Note. Terms not defined herein are defined in the following documents:
2. General Terms and Conditions
2.1. When providing services related to Premium Domain Selling, the Contractor is acting on the basis of the following documents:
2.2. The Contractor shall provide for the Customer the services under this Schedule. In this case:
а) Contractor's and Customer's rights and obligations with regard to obtaining premium domains selling service are set forth hereunder.
b) The relationships between the Partner and the Client that fall beyond this Schedule are regulated by separate agreements by and between each other.
2.3. Order of Premium Domains Selling service serves as the Customer's consent with the terms of this Schedule, gTLD and Foreign ccTLD Registration Schedule (Schedule 1/7 to Multiple Services Contract), and gTLD and Foreign ccTLD Registration Agreement.
2.4. The Customer shall familiarize the Registrant with the gTLD and Foreign ссTLD Registration Schedule and gTLD and foreign ссTLD Registration Agreement, as well as the procedure for their modification. The documents are available on the Contractor's web site at https://www.nic.ru/dns/contract-zao/.
Ordering of services confirms Registrant's agreement with the gTLD and Foreign ссTLD Registration Schedule and gTLD and Foreign ссTLD Registration Agreement, as well as the procedure for their modification.
2.5. The Contractor provides services to the Customer that has entered into a Multiple Services Contract with the Contractor. The conclusion of the Multiple Services Contract is preceded by the registration of the Customer in the Contractor's database. The Customer is therefore responsible for selecting and registering individual administrative and technical passwords during the registration on the Contractor's database, for preserving their confidentiality, and for all actions that take place as a result of using the passwords.
2.6. The Customer agrees that information he/she 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. The list of required information published with the Customer's consent is available on the Contractor's web server.
2.7. 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 Multiple Services Contract. Such notifications and messages are equal to messages and notifications in writing, sent to the addresses, specified by the Customer in the Customer's Contract. 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.
2.8. The services related to Premium Domains Selling shall be deemed provided by the Contractor to the Customer upon transferring of Premium Domain administration rights to the Client specified in the Order.
2.9. The Contractor shall inform the Customer as regards service delivery by an e-mail sent to the Customer address. If the motivated Customer's objections set forth in plain 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 shall be deemed accepted by the Customer.
2.10. Model official letters and the procedure of their submission are set by the Contractor and available on its web-server. The letters should be sent to:
RU-CENTER, for the attention of A.V. Panov
2/1, 3d Khoroshevskaya str., Moscow, Russia, 123308
2.11. Upon transferring Premium Domain to the Customer, the Customer is deemed to be bound by the following documents:
a) gTLD and Foreign ccTLD Registration Schedule (Schedule 1/7 to Service Agreement)
b) gTLD and Foreign ccTLD Registration Agreement
3.1. The Contractor shall sell to the Customer Premium Domains, provided the Customer has an agreement placed with the Contractor in written form and the Contractor — an Order for the service ready for implementation as per paragraph 4.2 hereinbelow.
3.2. The Contractor does not guarantee rendering of the service to the Customer in the following cases:
a) Premium Domain Price has changed.
b) Premium Domain was bought by another buyer or reserved for purchase by another buyer according to paragraph 4.5 hereinbelow.
c) For any other reasons beyond the control of the Contractor.
In the aforementioned cased the service will not be rendered, while the funds allocated on the Customer's personal account to pay for the service will be released and may be used for payment of other services.
4. Service Order and Execution
4.1. The order for the service is made through the Contractor's web interface. Order forms are available on the Contractor's web server.
4.2. The order shall be deemed ready for implementation and operations on its implementation begin, provided the following conditions are met:
a) The Customer provided the required Whois information on the Contractor's web server: www.nic.ru ("Contract" menu → "WHOIS-contacts").
b) The Customer's personal account has enough funds for payment of the Order.
4.3. Execution of an order for Premium Domain Selling includes changing of the Registrar and the Registrant: Premium Domain administration rights are transferred to the Client specified in the Order, while the Contractor becomes a Registrar of the domain name. The registration period will be extended for 1 (one) year from the previous expiration date, provided that the total registration period cannot exceed 10 (ten) years.
Registrar change in the Registry can take up to 6 (six) calendar days.
4.4. The Contractor shall transfer the Premium Domain to the Client specified in the Order (record entry in the Registry for the Client's name) no later than 8 (eight) calendar days from the start of order processing or notify the Customer that it is impossible to execute the order by sending emails to the contact addresses specified in the Agreement.
4.5. During the period when the order is generated by the Customer but not ready for execution (terms of paragraph 4.2 herein are not met) the ordered Premium Domain can be acquired or reserved by another buyer, of which the Contractor shall notify the Customer via email using contact addresses specified in the Agreement.
4.6. The order will be canceled by the Contractor before processing it in the following cases:
a) If the order is not ready for execution (terms in paragraph 4.2 herein are not met) within three (3) months from the day it was accepted by the Contractor.
b) If any events specified in paragraph 3.2 (a, b) herein arise.
The Contractor shall notify the Customer of the order cancellation via email using contact addresses specified in the Agreement.
4.7. The Contractor is entitled to reject the order in case domain name registration contradicts to the provisions of the following documents:
4.8. Before the start of order execution, the order can be cancelled by the Customer on the Contractor's web server www.nic.ru: "Manage your account" - "Orders" - "Processing queue, order removal".
4.9. Premium Domain Selling is a new service (not a renewal of a service) and it shall be ordered according to paragraphs 4.10, 4.11 hereinbelow.
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 ("Processing queue, order removal").
4.11. If the Customer has orders for new services and pending orders for any renewable services, such orders for renewable services have priority in processing.
4.12. The contractor is entitled to change the order execution procedure, while the funds for payment of the services are allocated on the Customer's personal account in a manner determined by the Contractor.
4.13. The Customer may delete the Order, for which conditions of para 4.2. hereinabove have not been met on the Contractor's web server in "Manage your account" panel ("Orders" - "Processing queue, order removal").
5.1. This section contains provisions on payment for the Premium Domain Selling that the Contractor and the Customer shall use in case of any contradictions with the provisions of the section "Cost of services and payment procedure" in the Multiple Services Contract.
5.2. The prices of premium domains for RF and non-RF residents who have chosen RF currency (RUB) to pay for the services under clause 3.2.1 of the Multiple Services Contract are set in rubles and published on the Contractor's web server.
5.3. The price for the premium domains for non-RF residents who have chosen US currency (USD) to pay for the services under clause 3.2.1 of the Multiple Services Contract are set in US dollars and published on the Contractor's web server.
5.4. Taxes are determined in accordance with the applicable laws of the Russian Federation.
6.1. The Contractor keeps a record of Customer's payments and the services provided to the Customer, according to the actual prices of these services, as the personal Customer's Contract account. Any payment made by a Customer is added to the personal account after the money has been credited to the Contractor's bank account and the Contractor has received from the bank a document identifying the payment.
The Customer can access his/her personal account on the Contractor's web server www.nic.ru in the section "Manage your account" ("Account balance").
6.2. The Customer pays for the Premium Domain Selling by transferring money to 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 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 the Agreement 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 on the Customer's personal account the funds equivalent to the price of a Premium Domain, provided that the funds blocked for the service may not be used as a payment for any other services.
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 delivered. If the Service was paid on the last day of the month, the funds will be withdrawn next month.
6.6. Should the service fail to be provided for the reasons specified in paragraphs 3.2 and 4.7 hereinabove, the funds blocked on the Customer's personal account shall be unblocked and may be reimbursed to the Customer on the basis of its official letter specifying the recipient's banking details or used as a payment for any other services.
6.7. 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. The Contractor shall take refund actions no later than within 10 (ten) business days from the date of the Customer's delivery of a written statement indicating the recipient's full banking details.
6.8. The Customer's obligations related to payment of the service shall 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 the funds reimbursement and use the Premium Domain at its discretion.