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Domain Names
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Domain Escrow ScheduleContents: Domain name purchase - purchase of the domain name management right. Sale of domain name - transfer of the domain name management right. Organizer (RU-NIC) - Joint Stock Company "RU-CENTER".. Vendor - domain name holder who wants to sell it for a fixed price under the conditions of the present Schedule. Purchaser - the person who wants to purchase a domain name for a fixed price under the conditions of the present Schedule. Domain name escrow - transfer of domain name management to a Purchaser. This service is provided by RU-NIC on behalf and at the expense of a Vendor. In order to transfer the domain name RU-NIC takes the following legal actions: a) RU-NIC receives the domain name price from the Purchaser;
- into the domain names Registry - for a domain name in RU or SU top-level domain;
Commission - Vendor commissions RU-NIC to take on behalf and at the expense of the Vendor legal actions (mentioned above) relating to the domain name sale (hereinafter referred to as "Domain name escrow"). Commission is formulated in the documents (viz.: Commission from the Vendor and Power of attorney) that shall contain a domain name price and necessary data on the Purchaser. Detailed requirements to the form and contents of the Commission are determined in the relevant documents on RU-NIC's web server (www.nic.ru) located at: http://www.nic.ru. Reward of RU-NIC - a fee for performance of Vendor Commission by RU-NIC (a service fee for Domain name escrow) which come to 10 (ten) percents (including VAT) of a domain name price but not less than 1500 (one thousand five hundred) rubles. RU-NIC deducts a value of the reward from a domain name price. Domain name price - a sum of money paid by the Purchaser for the right of domain name management, including taxes and RU-NIC's reward. Note: terms that are not described herein shall be determined in accordance with - "Domains Registration Schedule in RU TLD" (Schedule 1/1 to the Service Agreement),
2.1. Vendor, Purchaser and RU-NIC acknowledge legal force of notifications and messages sent by RU-NIC to their e-mail addresses pointed in the Agreement, Commission and other documents. These notifications and messages are considered to be equal to the messages and notifications made in writing and sent to the postal addresses that are indicated in the Agreement. If any variances or disputes would arise on the facts of sending, receipt of messages, time of their sending and its' contents, RU-NIC, Purchaser and Vendor agreed to consider evidence of archive service of RU-NIC to be trustworthy and final to settle the above mentioned disputes. 2.2. Vendor, Purchaser and RU-NIC agree that domain name sale deal between the Vendor and the Purchaser is considered completed in writing (domain name escrow is completed) under the conditions, specified in the present Schedule, from the moment of domain name transfer to the Purchaser, i.e. from the moment of record-entering by RU-NIC concerning registration of the domain name to the Purchaser's name: - into the domain names Registry - for a domain name in RU or SU top-level domain;
2.3. 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. 2.4. After the domain name is transferred, the Vendor and the Purchaser can, at their discretion and on the mutual consent, draw up a contract in writing, without RU-NIC's participation or, at the Purchaser's request, RU-NIC may sign the contract on behalf of the Vendor. 2.5. After the Commission is received by RU-NIC in accordance with the present Schedule, neither Registrar nor domain name holder can be changed for the domain name which is to be transferred. The bargain's conditions also cannot be modified. 2.6. Until a domain name is transferred to a Purchaser (i.e. RU-NIC enters a relevant record in the Registry) Vendor preserves the right to manage the domain name with limitations stated herein. The Vendor bears the full responsibility for possible violation of the rights of trademark and other intellectual property owners. 2.7. RU-NIC reserves the right to deny performance of the Purchaser's Commission within the period of service provision before the moment of domain name transfer to the Purchaser in the cases, stipulated in the paragraph 3.1.3 of the present Schedule. 2.8. In case the events, specified in the paragraph 3.1.3.1 and subparagraphs (a), (b), (c), (d), (e), (f), (j) of the paragraph 3.1.3.2 of the present Schedule, occur, and under the condition that the Purchaser has paid the domain name price, the whole amount will be returned to the Purchaser under his official letter with the remittee's requisites specified. In case the event, specified in the subparagraph (h) of the paragraph 3.1.3.2 of the present Schedule, occurs, RU-NIC stops performance of the Vendor's Commission until the Purchaser enters the Registrant object into the form. In case the specified data is not entered into the Purchaser's form before the Commission expiration date, domain name escrow will not be performed by RU-NIC, at that in case the Purchaser has paid for the domain name, the whole amount will be returned to the Purchaser under his official letter with the remittee's requisites specified. 2.9. The Vendor has the right to cancel the Commission before the domain name is transferred to the Purchaser. 2.10. The Purchaser is bound by the terms and conditions of the following documents: a) From the moment of entering a record concerning domain name registration to the Purchaser's name in RU and SU Registries, the Purchaser is bound by the terms and conditions of the documents "Domains Registration Schedule in RU TLD" (Schedule 1/1 for the Service Agreement) and "Domains Registration Schedule in SU TLD" (Schedule 1/5 for the Service Agreement) accordingly. b) From the moment of entering a record concerning domain name registration to the Purchaser's name in any of the top-level domains NET, COM, ORG, BIZ, INFO into RU-NIC's database the Purchaser is bound by terms and conditions of the documents "NET, COM, ORG, BIZ, INFO, CC, TV, ME, MOBI Domain Name Registration Schedule" (Schedule 1/7 for the Service Agreement), "TEL Domain Name Registration Schedule" (Schedule 1/12 for the Service Agreement) and "NET, COM, ORG, BIZ, INFO, CC, TV, ME, MOBI Domain Name Registration Agreement", "TEL Domain Name Registration Agreement". 3.1. Service performance conditions 3.1.1. RU-NIC provides the service to Vendors - Russian residents under the conditions: - Vendor has presented a Commission to RU-NIC. 3.1.2. Domain name transfer can be performed only relating to second level domain names for which RU-NIC serves as a Registrar. 3.1.3. RU-NIC does not perform domain name escrow in the following cases: 3.1.3.1. In case there are any doubts whether the documents or information, presented by Vendor or Purchaser, are trustworthy; 3.1.3.2. At least one of the domain names, specified in the Commission, meets one of the conditions: a) domain name is subject to a trial provided that RU-NIC has the relevant evidence;
- "Domains Registration Schedule in RU TLD" (Schedule 1/1 for the Service Agreement);
g) the Purchaser's Commission contains a domain name in one of the top-level domains NET, COM, ORG, BIZ, INFO, CC, TV, ME, TEL, MOBI, at that the Purchaser's form, specified by the Vendor in the Commission, does not contain the Registrant object;
3.2. Commission The Vendor commissions RU-NIC to take the legal actions called "Transfer of a domain name" on behalf of and at the expense of the Vendor. Procedure of drawing up the Commission can be found on RU-NIC's web site www.nic.ru in the section "Services" (reference to the "Domain name escrow services") 3.3. Domain name purchase conditions - Purchaser has made a payment in accordance with the paragraph 4 thereof. 3.4. Transfer of a domain name to a Purchaser Domain name transfer to the Purchaser, i.e. entering a record by RU-NIC concerning registration of the domain name to the Purchaser's name into the Registry (for a domain name in RU or SU top-level domain) or into RU-NIC's database in the Registrant field in the domain name details (for a domain name in NET, COM, ORG, BIZ, INFO, CC, TV, ME, TEL, MOBI top-level domains) is performed not later than 3 (three) business days form the date of receiving the payment for the domain name by RU-NIC according to the paragraph 4.2 of the present Schedule, at that domain name registration term of validity is not changed. From the moment of domain name transfer to the Purchaser he is bound by the rights and obligations of the domain name administrator. 4.1. Invoice (for payment of a domain name price) is issued by RU-NIC automatically within 3 (three) business days from the date RU-NIC receives the Commision. Concurrently RU-NIC sends to the Purchaser's e-mail address a notification about the invoice being issued. Original invoice is sent to the Purchaser's postal address indicated in the Agreement: - to a legal entity or an individual businessman - within 3 (three) working days after the invoice has been issued;
A copy of the invoice may be obtained on RU-NIC's web-server www.nic.ru in the section "Manage your account". 4.2. Payment shall be made in the term indicated in the invoice. Purchaser is considered to have paid the domain name price if the payment is received by RU-NIC, exactly in the following cases: - a sum of money has been added to RU-NIC's account and RU-NIC has received confirming documents form the bank, identifying the payment; or
Invoice number and number of the Agreement (between Purchaser and RU-NIC) shall be indicated in the payment documents in the section "Payment Purpose". 4.3. RU-NIC transfers the money amount to the Vendor (domain name price without RU-NIC's reward and income tax in case this tax is stipulated by the legislation) not later than 3 (three) business days from the date of receiving the domain name price from the Purchaser in the term, set by the Schedule, in case all the conditions, essential for domain name transfer to the Purchaser and stipulated by the present Schedule, are met. Money can be transferred to the Vendor the following ways: a) By paying on a settlement account, specified in the Vendor's commission from any bank, resident of Russian Federation;
4.4. RU-NIC draws up reporting documents for the Seller and the Purchaser within 5 (five) business days after the Domain name escrow service has been provided. Documents are sent by mail to addresses, specified in agreements with the Organizer. The documents can be sent to an individual at his request. |
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