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Contract /
Schedule 1/11-6
to Service Agreement

Effective
October 5, 2011
Valid till
December 1, 2011

Domains Preorder Registration Schedule in COM.RU domain

Contents

1. Definitions
2. General Terms
3. Domains Preorder Registration in COM.RU domain
4. Auction
5. Payment



1. DEFINITIONS

The Customer — individual or legal entity, who applied to the Contractor for a domain name preorder registration in COM.RU domain.

Preorder — Customer's address to the Contractor in the format established by the Contractor containing all necessary data for domain name registration.

Registry is the central database of COM.RU domain, which contains information on the registered third-level domain names, their Registrants and other required information.

Registrant of a third-level domain is a legal entity or an individual in whose name the domain (the information on which is available in the Registry) is registered. Registrant of a third-level domain determines the way to use this domain and shall be liable for potential infringement of rights of third parties in relation to the domain name selection and usage, and bear the risk of loss due to such violations.

Domain Administration means definition, by the Registrant, of the rules and order of using the domain name; management and technical support of the domain operation by the Registrant.

Domains preorder registration in COM.RU domain — the service delivered to the Customer by the Contractor (hereinafter referred to as "the Service") consisting in submission of a registration request for the third-level domain name in COM.RU domain to the Registry upon launch of .COM.RU domains registration and vesting the Customer (if the Contractor received a single preorder request for a domain name registration) or the Auction Winner (if the Contractor received two or more preorders for domain name registration) with domain name administration right (entry of record into the Registry).

Preorder Auction (Auction) — organizational activities to be held, if two or more preorders have been received for the same domain name, as a result of which this domain will go into a private auction arranged among its Customers for domain name administration rights, determination of the Auction Winner and vesting the Auction Winner with domain name administration rights.

Bidder — Customer, taking part in the preorder auction. All bidders have equal opportunities; no priorities with respect to bidders are defined.

Bidding — Furnishing the information to the Bidders by the Contractor regarding future bidding and registration of the bidders' stakes.

Auction Winner — the Bidder, who has won the auction (placed the Best bid). If the Auction Winner fails to fulfill his/her payment obligations hereunder, a new Auction Winner will be elected subject to the terms of this Schedule.

Deposit — Funds on a Customer's personal account, reserved as payment for domain name preorder registration, provided RU-CENTER received a single preorder request, or as a Customer's security to fulfill his/her payment obligations for the service obtained through an auction.

Bid (also stake) — a Bidder's offer for Domain rights acquisition. Bids at the auction are placed by Bidders in conventional money units and include taxes.

Best Bid — maximum bid of all Bidders' stakes.

Second Bid — second bid after the Best bid.

Auction Increment — the amount by which the bidding is advanced. Buyer may increase the bid (from 5 (five) to 50 (fifty) conventional money units.

Note: Terms not defined herein are defined in Third-level Domains Registration Schedule (Schedule 1/15 to the Service Agreement) and in Domain Name Auction Schedule (Schedule 1/6 to the Multiple Services Contract).

2. GENERAL TERMS

2.1. The Contractor registers third-level domains in COM.RU domain on the basis of the fact that the Contractor is a Sponsor of second-level domain COM.RU.

2.2. To obtain the Service from the Contractor, the Customer should register in the Contractor's database — fill out a form in the format set by the Contractor. In process of registration the Customer independently selects and registers individual administrative and technical passwords, ensures passwords confidentiality and bears the responsibility for all passwords use.

2.3. A preorder shall be deemed Customer's consent with the terms of this Schedule.

2.4. 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: http://www.nic.ru/.

The Customer and the Contractor acknowledge the legal effect of notifications and messages submitted by the Contractor to the Customer's e-mail addresses, specified in the Service Agreement. 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 regarding the facts of submitting and receiving messages, time of submission, contents of the letters, agree to consider evidences of the Contractor's archive service binding and definitive for settlement of disputes between the parties hereunder.

2.5. If the Service was not delivered due to the events listed in the para 3.1.3 hereinbelow, it shall not be payable by the Customer and:

à) the deposit on the Customer's personal account is released and may be refunded by his/her official letter with the recipient's bank details;
b) if the Customer paid for the service, the whole sum may be returned to the Customer's personal account by his/her official letter with the recipient's bank details.

2.6. The Customer undertakes to comply with the requirements of document "Service Use Terms" published on the Contractor's web-server http://www.nic.ru/about/servpol.html . The Customer agrees that he/she may be affected by the consequences of actions undertaken by the Contractor to prevent negative consequences of the third parties' activities, interfering with the Contractor's system of services. the Contractor undertakes to meet the requirements of document 'Service Use Terms' and guarantee minimization of such negative consequences to the Customer.

2.7. From the moment the Customer's domain registration records are made into the Registry, the Customer is deemed to be bound by Third-level Domains Registration Schedule (Schedule 1/15 to Service Agreement).

3. .COM.RU DOMAINS PREORDER REGISTRATION

3.1. Service Delivery Terms

3.1.1. The Contractor will register only third-level domains in COM.RU domain as part of this Service.

3.1.2. the Contractor delivers the Service under the following terms:

a) the Customer has on his/her personal account a sufficient sum to make a Deposit. The procedure of personal account recharge is described on web-server www.nic.ru on http://www.nic.ru/ (in section "Pricing");
b) the Customer generated a preorder for the service on the Contractor's web-server auction.nic.ru — http://auction.nic.ru/ (section "My auctions");
c) the terms listed in subparagraphs (a, b) of the current paragraph are met by 11:00 (MSK) October 25, 2011.

3.1.3. the Contractor does not guarantee delivery of the Service to the Customer in the following cases:

à) in course of domain name registration in the Registry the Contractor's request was not the only one among those submitted by other Registrars;
b) domains registration in COM.RU domain has not launched yet, or suspended;
c) domain name is subjected to court trial, provided the Contractor has appropriate evidence therefore;
d) domain name registration is cancelled by an enacted court decision, when a person, whose rights are deemed violated by the court, has a priority to a cancelled domain registration;
e) in other cases likely to cause third parties' rights violation as deemed by the Contractor;
f) in other cases likely to hinder domain name registration based on a Customer's preorder request.

3.1.4. The Contractor has the right to reject a preorder for the service, if a domain registration is contradictory to para 3.1.2.2 of Third-level Domains Registration Schedule (Schedule 1/15 to the Service Agreement).

3.2. Service Preorder

3.2.1. A preorder for the service is generated by the Customer on web-server auction.nic.ru (in section "My auctions").

3.2.2. A preorder is deemed completed provided the terms listed in para 3.1.2 of this Schedule are met. Failure to meet the specified terms will cancel a preorder request.

3.2.3. A Preorder may be canceled by the Customer on the web server auction.nic.ru (in section "My auctions") prior to its processing.

3.2.4. A completed preorder goes into action upon the start of domains registration in COM.RU domain. In this case:

à) if the Contractor managed to reserve the domain name in the Registry, the Contractor will ensure a domain registration (record entry to the Registry) for the Customer, if the Contractor received a single preorder for domain name registration:

b) If the Contractor successfully completed domain name registration in the Registry, the Contractor will vest with the domain name owner rights (record entry into Registrar's Registry) the Auction Winner, if the Contractor receives two or more domain name registration preorders. In this case other applicants preorder requests will be canceled. The procedure and timeframe of a domain name registration owner's rights to the Auction Winner's name are set forth in para 4.7 hereinbelow.

4. AUCTION

4.1. General terms

4.1.1. If the Contractor received two or more completed preorder requests for the same domain and this domain was successfully reserved by the Contractor, this domain will go into an auction.

4.1.2. For the auction period domain will be reserved up to the moment of its registration for the Auction Winner (entry of record to the Registry).

4.1.3. the Contractor reserves the right to withdraw a domain name from the Auction (prior to the moment when an entry on the domain name owner has been made in the Registrar's Registry) in the following cases:

a) the domain name is a subject of legal proceedings, provided that the Contractor has the appropriate evidence confirming that the domain name is the issue in the litigation;
b) the Contractor receives a notice from administration of a municipal entity of the Russian Federation stating that the domain name replicates or coincides with the name of the municipal entity;
c) in other cases which may infringe the rights of third parties.

4.2. Deposit

4.2.1 The size of Deposit is equal to a preorder registration cost, provided this preorder was the only one, and is defined as per para 5.2 (à) hereinbelow.

4.2.2. The Deposit is allocated on a Customer's personal account by the Contractor:

  • for domain payment, if the Contractor received a single preorder request;
  • as a security made by Customer to pay for the service — if an auction is in place.

4.2.3. The Deposit is used in the following cases:

à) If the Customer became an Auction Winner and paid for the service under the terms of this Schedule, the deposit will get released on the Customer's personal account and may be refunded by his/her official letter with the recipient's details.
b) If the Customer became an Auction Winner, but failed to pay for the service under the terms of this Schedule, the Deposit will be withdrawn from the Customer's personal account as payment for auction-related expenses born by the Contractor.
c) If upon auction closing the Customer's Maximum bid becomes the Second Bid and the Auction Winner fulfils his/her payment obligations, the Customer's Deposit will get released on his/her personal account and may be refunded by his/her official letter with the recipient's bank details.
d) If upon auction closing the Customer's Maximum bid is not the Best Bid or Second Bid, the Deposit will get released on the Customer's personal account within one hour upon auction closing and may be refunded by an official letter with the recipient's details.

4.3. Auction Period

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

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

4.3.2. The starting and closing moments of the auction are determined by the Contractor and published on web-server auction.nic.ru (in section "My auctions"). The bidding period is not less than 3 (three) calendar days.

4.3.3. The auction may be extended from its closing moment specified on the web-server auction.nic.ru, if the last bid is placed in less than 5 minutes prior to auction closing. The auction will continue until bid-to-bid period exceeds 5 minutes.

4.3.4. While the auction is in progress the Contractor is entitled to extend the auction from its closing moment specified on web-server auction.nic.ru. A notification about Auction extension is made available by the Contractor on web-server auction.nic.ru or www.nic.ru. The information on web-server auction.nic.ru (in section "My auctions") is made available through authorization.

4.4. Bid Changes

4.4.1. At the auction starting moment all customers' bids will be equal to 17.7 conventional money units. The bids of the customers who were first and second to have submitted their completed preorders by the auction starting moment will be deemed the Best Bid and Second Bid respectively.

4.4.2. A Customer may change his/her bid on web-server auction.nic.ru (in section "My auctions"). A new bid shall exceed the Best Bid by an Auction Increment. Bids shall be placed only in round numbers. All Bids are placed in conventional money units (CU) and include taxes.

4.4.3. During the auction the Customer may place the Maximum bid. Maximum bid placement serves the instruction for the Contractor to bid up Customer's Bid automatically for the auction period. In this case Customer's Bid will be increased with a Minimum Auction Increment, and if only his/her Bid is not the Best Bid. Maximum Bid is indicated in a preorder request in conventional units and include taxes.

A Customer may change or delete his/her Maximum Bid.

4.5. Auction Withdrawal

The Customer may withdraw from the auction in its progress, if his/her bid is not the Best or the Second Bid. To withdraw from auction the Customer should log in to "My auctions" on web-server auction.nic.ru.

Upon Customer's withdrawal, the Deposit reserved on his/her personal account will get released and may be refunded to the Customer by his/her official letter with the recipient's details.

4.6. Auction Winner Election

4.6.1. Upon auction closing the Contractor defines the Auction Winner and the Bidder who offered the Second bid. If bidders' stakes are found equal, the priority is given to the Bidder, whose stake had been placed first at an auction.

4.6.2. Upon auction closing the Contractor will send to the customers and Auction Winner via emails specified in their contracts the notifications with auction results.

4.6.3. The Auction Winner shall make a service payment as per para 5 hereinbelow.

4.6.4. If the Auction Winner fails to fulfill payment obligations, the Customer placing the Second Bid is nominated the Auction Winner since the notification thereof by the Customer through the email. In this case he becomes bound by this Schedule as regards the provisions pertinent to the Auction Winner. The Contractor will notify him/her thereof via e-mails specified in the contract.

4.6.5. If no bids were placed by the auction closing moment, Domain Owner's rights will be transferred to the bidder who placed the first stake. In this case the Deposit will be withdrawn from the Customer's personal account as a service fee.

4.7. Vesting the Auction Winner with Domain Name Owner Rights

4.7.1. The Contractor will vest the Auction Winner with the domain name administration rights no later than 3 (three) business days since the Auction Winner fulfilled payment obligations. In this case domain name registration period will remain unchanged.

4.7.2. From the moment of record entry into the Registrar's Registry (Registrant will send the respective notification to the domain owner by e-mail) about vesting the Auction Winner with domain Owner rights, the latter will undertake all rights and obligations of the Registrant as stipulated by Third-level Domains Registration Schedule (Schedule 1/15 to Service Agreement).

4.8. If Auction Winner who placed the Second Bid failed to fulfill his payment obligations, the auction will be deemed void. In this case the Contractor is entitled to dispose the domain name at its own discretion, in particular:

  • hold the second private auction for administration right to the domain name among the bidders of the Auction deemed void. The bidders who failed to make payment for the Best Bid and Second Bid may not participate in the second auction. As for the rest, the second auction is regulated by the auctioning provisions of this Schedule;
  • put a domain name to the public auction under the terms of Schedule 1/6 to the Service Agreement (Domain Name Auction Schedule).

5. PAYMENT

5.1. This section contains regulations as regards payment procedure details for the "Domains Preorder Registration in COM.RU domain", which the Contractor and the Customer are obligated to utilize in case these regulations are in contradiction to same in section 'Service Cost and Payment Order' of the Service Agreement.

5.2. The cost of the "Service" is defined by:

à) a service fee, if the service is delivered by the Contractor by a single preorder;
b) auction result, if the Contractor received two or more preorders for registration of the same domain.

5.3. The "Service" Cost for Residents

Fixed in rubles. In this case the service fee shall be:

à) in compliance with the tariff listed in para 1 of Addendum 2 to the Service Agreement, if the service cost is defined by the service fee as per para 5.2 (à) hereinabove;
b) calculated by multiplication of the Best Bid placed by the Auction Winner to a ruble equivalent of the conventional money unit, if the service cost is defined by the Auction result as per para 5.2 (b) hereinabove.

5.4. The "Service" Cost for Non-residents

5.4.1. The "Service" cost for non-residents, who chose to pay in US currency (dollar) (as per para 4.1.2.1 of the Service Agreement) will be fixed in US dollars. In this case the Service cost:

à) complies with the tariff listed in para 2 of Addendum 2 to the Service Agreement, if the service cost is defined equal to the tariff as per para 5.2 (à) hereinabove;
b) shall be calculated by multiplication of the Best Bid placed by the Auction Winner to a ruble equivalent of the conventional money unit, if the service cost is defined by the Auction result as per para 5.2 (b) hereinabove.

5.4.2. The Service cost for non-residents, who chose to pay in RF ruble (as per para 4.1.2.1 of the Service Agreement) will be fixed in rubles. In this case the service cost:

à) complies with the tariff listed in para 1 of Addendum 2 to the Service Agreement, if the service cost is defined equal to the tariff as per para 5.2 (à) hereinabove;
b) shall be calculated by multiplication of the Best Bid placed by the Auction Winner to a ruble equivalent of the conventional money unit, if the service cost is defined by the Auction result as per para 5.2 (b) hereinabove.

5.5. Conventional Money Unit Equivalent

5.5.1. The ruble equivalent of a conventional money unit as part of this Schedule, corresponds to a ruble equivalent of 1 (one) US dollar, set by the Central bank of Russian Federation on the day of auction closing.

5.5.2. The dollar equivalent of a conventional money unit as part of this Schedule is determined as equal to 1 (one) US dollar.

5.6. Service Payment

5.6.1. the Contractor, according to the active service fees, registers information about Customer's payments and the services, used by the Customer, on the Customer's personal account. Payment will be deemed made, provided the funds entered the Contractor'S account and the Contractor received the confirmatory documents from the bank identifying the payment.
The accesss to the Customer's personal account is available on the Contractor's web-server in the "Manage your account" section (link "Account balance").

In process of issuing payment documents the Partner shall make in the "Payment Purpose" section a reference to the number of the Partner's Multiple Services Contract with the Contractor.

5.6.2. If the service fee is defined by the tariff as per para 5.2 (à) hereinabove, the Contractor will withdraw a Deposit from the Customer's personal account as a service payment.

5.6.3. If the service cost as per para 5.2 (b) hereinabove is defined by the Auction results, the Contractor will withdraw from the Customer's personal account the amount for service payment calculated as per para: 5.3 (b) — for residents, 5.4.1 (b) or 5.4.2 (b) — for non-residents.

The Customer may recharge his/her personal account under procedure described on the Contractor's web-server www.nic.ru (in section "Pricing").

5.6.4. The Auction Winner shall effect payment within 10 (ten) calendar days from the moment of submitting him/her a "congratulating" notification by the Contractor.

5.7. Funds Withdrawal Procedure

5.7.1. The funds on the Auction Winner's personal account are allocated for service payment provided the following terms are met:

à) the funds on the personal account are enough to pay for the service;
b) the Auction Winner has not refused to effect payment;
c) The Auction Winner has no pending services that require funds allocation for their renewal, and which are going to be renewed by him/her.

5.7.2. The funds will be withdrawn from the Auction Winner's personal account for service payment upon expiry of the term set forth in para 5.6.4 hereinabove, if the Auction Winner has not refused to pay for the service. In this case the Deposit will get released on the Auction Winner's personal account as per para 4.2.3 (à) hereinabove.

5.7.3. Upon the Auction Winner's initiative the funds for service payment may be withdrawn by the Contractor before the expiry of the term set forth in para 5.6.4 hereinabove. In this case the funds will be withdrawn within 1 (one) calendar day upon the Contractor's receipt Auction Winner's confirmation to pay for the service by the term set forth in para 5.6.4. In this case the Deposit will get released on the Auction Winner's personal account as per para 4.2.3 (à) hereinabove. The Auction Winner may confirm his/her consent for a pre-mature funds withdrawal on web-server auction.nic.ru in section "My auctions" (".COM.RU Domains Preorder Registration", link "Auctions: pending payment").

5.7.4. The Auction Winner may refuse from payment before funds withdrawal from his/her personal account. The Auction Winner may refuse from payment or retract his/her consent to pay for the domain in "My auctions" on the web-server auction.nic.ru (".COM.RU Domains Preorder Registration", link "Auctions: pending payment"). If the Auction Winner failed to pay for the service within the period set forth in para 5.6.4 hereinabove, the Deposit will be withdrawn from the Auction Winner's personal account as per para 4.2.3(b) hereinabove.

5.8. the Contractor will issue reporting documents for the Auction Winner no later than 5 (five) business days from the date of payment. The documents will be posted to the addresses specified in the Auction Winner's Service Agreement.

For individuals: the documents will be submitted upon their request.
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