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Schedule 1/9
to the Multiple Services Contract
Effective
October 30, 2013
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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'.
Partner - a person engaged in the Contractor's Partner program (Party bound by the Multiple Services Contract, NIC-REG). As part of these Schedule, the Partner means a the 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.
Customer - an individual or legal entity desirous to register soon-to-expire domain name under the terms of the present Schedule, addressing this request to the Contractor's Partner.
Domain Name Release (Registration Cancellation) - deleting information from the Registry of the corresponding TLD (Registry) as regards domain name and its Registrant.
Registry - SU domain Registry, if the Partner receives Back Order Service in SU domain accordingly.
SU Domain Registry - SU domain central data base keeping the records of registered domain names, Registrants and other information required for domain names registration.
Backorder Service - a service, rendered by the Contractor to the Partner, 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, specified by the Partner in the order, if the Contractor received a single backorder;
- the Customer - Auction Winner specified in the order, if the Contractor received more than a single 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 Partner, participating in the Expired Domains Auction. Individuals and legal entities, described as 'Customers' in the Domain Backorder Schedule (an appendix to the Service Agreement, the index NIC-D), 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 and Customers 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.
Order - Partner's address to the Contractor in the format, set by the Contractor, containing all necessary data for the backorder service to the name of the Customer, specified in the Order.
Deposit - a sum on the Partner's Multiple Services Contract 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 Partner'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 the Multiple Services Contract), "Third-Level Domains Registration Schedule" (Schedule 1/15 to the Multiple Services Contract).
2. GENERAL TERMS
2.1. The Contractor renders services to the Partner according to the current Schedule, at that:
a) the Contractor's and Partner's rights and obligations, arising in reference with getting the Backorder Service by the Partner, are determined in the current Schedule.
b) Relations between the Partner and the Customer not settled by this Schedule will be settled by means of agreement between them.
2.2. A backorder serves as the Partner's consent with the terms of the current Schedule.
2.3. The Partner and the Contractor acknowledge the legal effect of notifications and messages, sent by the Contractor to the e-mail addresses, specified by the Partner in the Multiple Services Contract. Such notifications and messages are equal to messages and notifications in writing, sent to the addresses, specified by the Partner in the Multiple Services Contract. The Partner 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 Partner's order is considered active (ready to be executed) until it is deleted by the Partner 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 Partner, at that:
a) the deposit is free from blocking on the Partner's Contract personal account and may be refunded on the basis of an official letter with the recipient's bank details;
b) if the Partner 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 of making entry to the Registry about domain name registration for the Customer's name, the Customer shall be guided by the following documents:
а) Domains Registration Schedule in SU TLD" (Schedule 1/5 to the Service Agreement) – for .SU domain names;
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 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 Partner signed a Multiple Services Contract (the index NIC-REG) with the Contractor in writing;
b) the Partner's Multiple Services Contract account contains an amount enough for making a deposit;
c) The Partner ordered the service on the Contractor's web-server https://www.nic.ru/auction/ - https://www.nic.ru/auction/, (in the section "My auctions");
d) the terms, listed in subparagraphs (a, b, c) 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 Partner 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.
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 Multiple Services Contract), or para 3.1.2.2 of the Third-Level Domains Registration Schedule (Schedule 1/15 Multiple Services Contract).
3.2. Service Order
3.2.1. The order for the service is made by the Partner on the web-server https://www.nic.ru/auction/ (in the section "My auctions"). The Partner agrees that in case he becomes an Auction Winner as a result of a conducted auction, domain name is registered to the name of the person, specified by the Partner in the order.
3.2.2. The order is considered ready to be executed, if the terms listed in the paragraph 3.1.2 (a, b, в) of the current Schedule are met.
3.2.3. The order which is not ready for the execution cancelled in the following cases:
- if the condition specified in paragraph 3.1.2 (a, b) 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, b) 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 Partner initiated order cancellation in website https://www.nic.ru/auction/ (in "My auction" section).
3.2.4. 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 Partner 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, specified by the Partner in the order, if the Contractor received a single backorder. At that domain name rights transfer is performed within one business day after the Contractor completes the procedure of domain name registration in the Registry;
- to the Customer - Auction Winner specified in the order, if the Contractor received more than one backorder. At that backorders from other Bidders 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.
3.2.5. When the events, mentioned in the paragraph 3.1.3 (a, b) of the current Schedule, occur, the Partner's backorder remains ready to be executed and awaits the next date of domain name release. The Partner 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 Partner's Multiple Services Contract account is released and may be refunded on the basis of an official letter with the recipient's bank details.
3.2.6. When the events, mentioned in the paragraph 3.1.3 (c, d, e) of the current Schedule, occur, the Partner's backorder is cancelled by the Contractor, at and the deposit on the Partner's Multiple Services Contract account is released and may be refunded on the basis of an official letter with the recipient's bank 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 Customer - Auction Winner specified in the order (appropriate record entry into the domain name Registry).
4.2. Deposit
4.2.1. The 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 Partner's Multiple Services Contract account:
- as a guarantee of the Partner'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 Partner's Multiple Services Contract account and may be refunded on the basis of an official letter with the recipient's bank details.
b) If the Partner 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 Partner's personal account and may be refunded to latter by an official letter with specification of recipient's details.
c) If the Partner 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 Partner's Multiple Services Contract account as a payment for the Contractor's expenses for Customer's participation in the auction.
d) If the Partner'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 Partner's Multiple Services Contract account is released and may be refunded on the basis of an official letter with the recipient's bank details.
e) If the Partner's maximum bid is not the Best or the Second bid at the moment of bidding completion, the deposit on the Partner's Multiple Services Contract 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 Partner and the Customer about the period and conditions of bidding by sending information to e-mail addresses, specified by the Partner in the Multiple Services Contract and Customer's form, 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 Partner through the authorization under the Multiple Services Contract, and to the Customer through authorization under the Customer's form.
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 Partner through the authorization under the Multiple Services Contract, and to the Customer through authorization under the Customer's form.
4.4. Bid Changes
4.4.1. At the beginning of bidding the Contractor sets all Bidders' bids equal to 30 (thirty) conventional money units. At that the Best and the Second bids are the bids of the Bidders, whose orders were ready to be executed the first and the second accordingly.
4.4.2. Bid change is done by the Partner or 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 Partner or Customer can specify the amount of the Maximum bid. Specifying the Maximum bid is an instruction to the Contractor to increase the Partner's bid automatically at the period of bidding. At that Partner's bid increase is done by the Contractor with minimum possible auction step and only if the Partner's bid is not the Best bid. The maximum bid is specified in the order in conventional money units and includes taxes.
The Partner or Customer can change the Maximum bid or delete it.
4.5. Bid Refusal
The Partner 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 Partner's refusal to participate in bidding, the deposit, reserved on the Partner's Multiple Services Contract account, is released and may be refunded to the Partner on the basis of his official letter with the recipient's bank account details. Should the Partner 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 Bidders have equal bids, the advantage is given to the Bidder, 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 Biddersto e-mail addresses, specified in their contracts.
4.6.3. The Partner, who received a notification about winning the auction (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 Bidder, 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 Bidder, 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 Customer - Auction Winner specified in the order 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 Customer - Auction Winner specified in the order 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 Partner are obligated to utilize in case they are in contradiction to the regulations of section 'Service cost and payment order' of the Multiple Services Contract.
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 Multiple Services Contract 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 Multiple Services Contract 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 with deduction of the bonus, specified in item 1 of Addendum 2 to the Multiple Services Contract, in tariff for "Single domain name backorder service in RU, SU domain for one year with several orders available".
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 3.2.1 of the Multiple Services Contract), 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 Multiple Services Contract 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 Multiple Services Contract 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 3.2.1 of the Multiple Services Contract), 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 Partner's payments and the services, used by the Partner, on the Partner's Multiple Services Contract account. The money transferred by the Partner are entered into his Multiple Services Contract 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 Partner, a reference to the number of the Partner's Multiple Services Contract with the Contractor is mandatory in the "Payment Purpose" section.
The Partner can access his Multiple Services Contract account information on the Contractor's web-server in the section "Manage your account" (the link "Account balance").
The Partner can recharge his Multiple Services Contract account in the order, described on the Contractor's web-server www.nic.ru (in "Service payment options").
5.6.2. If the service has been rendered by the Contractor under the single order, and the service price is defined by the tariff as per para 5.3(a), 5.4.1(a), 5.4.2(a) hereunder, the deposit reserved by the Contractor on the Partner's Multiple Services Contract account for service payment will be used in partial or complete form. Undisbursed part of the deposit will be released as per para 4.2.3 (a) hereunder. 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.
5.7. Money Withdrawal and Charging-off from the Multiple Services Contract Account to Pay for the Service Rendered
5.7.1. Payment is considered executed by the Partner, if the following terms are met:
a) The Partner confirmed his agreement to pay for the service on the Contractor's web-server https://www.nic.ru/auction/ in the section 'My auctions';
b) there is a sum, enough to pay for the service rendered, on the Contract personal account;
c) requirements of the paragraph 5.6.1(a, b) of the current Schedule are met within 10 (ten) calendar days from the moment of sending a notification about winning the auction by the Contractor to the Partner.
After payment for the service is made, the undisbursed part of the deposit on the Partner's Multiple Services Contract account is released according to the paragraph 4.2.3 (b) of the current Schedule.
5.7.2. If there are not enough funds on the Multiple Services Contract account, the Partner may renew his account in a way described in the Contractor's web-server on https://www.nic.ru/dns/partners If the sum on the Contract personal account is not enough to pay for the service rendered, the Partner has to recharge his Contract personal account in the order, described on the Contractor's web-server- https://www.nic.ru/dns/partners.
5.7.3. If the Auction Winner did not pay for the service during the period, determined in the paragraph 5.6.1(c) of the current Schedule, the deposit is charged-off form the Auction Winner's personal account according to the paragraph 4.2.3 (c) of the Schedule.
5.7.4. Money charge-off from the Partner's Multiple Services Contract account is made after 12 A.M. on the last day of the month, in which complete payment for the service or for the Contractor's expenses for Partner's participation in the auction was made. In case payment for the service or for the Contractor's expenses for Partner's participation in the auction was made on the last day of the month, money charge-off from the Contract personal account is made in the next month.
5.8. The Contractor prepares the documentation report for the Partner no later than 5 (five) business days from the day of money withdrawal from the Partner's Contract personal account. The documents are sent
- if the Customer is a legal entity or a business owner - by regular mail to the addresses, listed in the Partner's Contract;
- if the Customer is an individual: at the Customer's request, by e-mail to the Contractor's service system.