This version of the Agreement is only for informational use – the only valid version is the Russian one.
AGREEMENT
for the Services of the domain name registration in the Internet through Intermediary (Attorney)
This agreement (hereinafter referred to as the Agreement) establishes service rendering obligations for Open Contact Limited Liability Company (hereinafter referred to as the Contractor), represented by the Intermediary (hereinafter referred to as the Attorney), acting on the basis of the Agreement of rendering of intermediary services of the domain name registration in the Internet, available at the Internet address https://domain.by, and the Power of Attorney, on the one part, with regard to the consumer of services (hereinafter referred to as the Customer), on the other part, hereinafter referred to as the Parties, as well as establishes obligations of the Customer who accepted (provided with an acceptance) this Agreement in accordance with the procedure set forth in the Agreement.
This agreement (hereinafter referred to as the Agreement) shall be an affiliation agreement (Civil Code of the Republic of Belarus, Article 398) and shall not constitute a public agreement. The text hereof has been approved by the Contractor and shall be made available for familiarization prior to the conclusion procedure at the Internet address https://domain.by. The Customer, represented by the Attorney, shall be considered to have concluded this Agreement upon acceptance of the terms and conditions hereof as a whole after receiving the Contractor’s offer.
1. DEFINITIONS USED IN THE AGREEMENT
1.1. The Attorney shall mean any foreign legal entity authorised by the Contractor to conclude, on behalf and at the expense of the Contractor, this Agreement for registration/renewal of the domain name registration in the national domain zone with regard to the Customer.
1.2. The Customer shall mean any foreign legal entity, foreign individual entrepreneur as well as a citizen or a national of a foreign state, person destitute of citizenship (nationality) having no permit for permanent residence in the Republic of Belarus, who apply for the domain name registration to the Attorney.
1.3. The Service Control Panel (hereinafter referred to as the SCP) shall mean an interface for interaction between the Attorney, including sending Customers’ service requests, and the Contractor during provision and consumption of the Contractor’s services organised at the information resource of the Contractor at the Internet address https://domain.by.
1.4. The Personal Account of the Attorney (hereinafter referred to as the Personal Account) shall mean a SCP section informing the Attorney about the monetary funds contributed by the Attorney to the settlement account of the Contractor and intended for the accounting of such monetary funds and their writing off by the Attorney for payment for the Contractor’s services.
1.5. Payment for the Contractor’s services shall mean transfer of monetary funds for relevant Contractor’s services to the settlement account of the Attorney by the Customer followed by transfer of these funds to the Contractor by the Attorney.
1.6. A Concerned Party shall mean a party entitled for domain administration on the basis of a court decision or by inheritance.
1.7. A Legal Successor shall mean a party entitled for domain administration by way of succession due to reorganisation of a legal entity.
2. SUBJECT OF THE AGREEMENT
2.1. While rendering and using the said services or using any domain name (domain), the Contractor and the Customer shall follow the Instructions on the procedure of domain names registration in the field of hierarchical names of the national segment of the Internet network (hereinafter referred to as the Instruction), approved by Order of the Operational and Analytical Center of the President of the Republic of Belarus No. 47 dated June 18, 2010.
2.2. The Contractor, upon the Customer’s instruction, shall provide one of the services in accordance with Annex No. 1 of this Agreement “Tariffs of Open Contact Ltd. for the services of the domain names registration in the Internet” (hereinafter referred to as the Tariffs), and the Customer shall accept and pay for the provided services.
2.3. The domain name shall be specified by the Customer in the application for the domain name registration.
2.4. In case of transfer of the rights for the domain name administration to another party the Agreement with the Customer shall be concluded for the remaining term of the Agreement concluded with the administrator of the domain name.
2.5. In case of transfer of the domain name from another Registrar the Agreement with the Customer shall be concluded for the remaining term of the Agreement concluded by the administrator of the domain name with the previous Registrar.
3. PROCEDURE OF CONCLUDING THE AGREEMENT
3.1. The Attorney sends to the Customer an offer to conclude this Agreement.
3.2. Having come to terms between Parties, the Customer accepts the Agreement by sending to the Attorney an application for providing services, contemplated herein in the Annex No. 1 and its payment.
3.3. The conditions of the Agreement shall be considered to be accepted by the Customer if:
3.3.1. In regard of the service of the primary domain name registration – the Customer ordered the service on the domain name registration by means of submitting an application for corresponding service in accordance with clause 3.2. of this Agreement.
3.3.2. In regard of the service of the renewal of the domain name registration – the Customer paid for the service in accordance with clause 7.3. of this Agreement.
3.3.3. In case of transfer of the rights for the domain name administration to another party:
— according to the Agreement for transfer (assignment) of such rights – The Customer has submitted an application according to clause 3.2. of the Agreement to transfer the rights for the domain name administration, and the party to whom these rights are transferred has submitted an application on agreement to take such rights according to the Agreement for transfer (assignment) of such rights and performed information about the Agreement for transfer (assignment) of such rights (date of conclusion and number of Agreement, information about parties, signed the Agreement, as well as documents, confirming their authorities);
— while transferring such rights on the basis of a court decision or by inheritance the Concerned Party has submitted an application according to clause 3.2. of the Agreement and performed documents (Court decision/Certificate of inheritance rights subsequently);
— while transferring pointed rights administrating by way of succession by reorganisation of a legal entity, the Legal Successor has submitted an application according to clause 3.2. of the Agreement and performed documents, which confirm fact of succession (documents on state registration, transfer deed and dividing balance sheet).
3.3.4. In case of transfer of the domain name from another Registrar – the Customer (Domain Administrator) has submitted an application according to clause 3.2. of the Agreement.
3.4. The Agreement shall be concluded from the date of getting a Customer’s accept by the Contractor, in particular:
3.4.1. As to the service of the primary domain name registration – from the date of payment for the service by the Customer in accordance with clause 7.3. of the Agreement.
3.4.2. As to the service of the renewal of the domain name registration – from the date of payment for the service by the Customer in accordance with clause 7.3. of the Agreement provided that the domain name is not excluded from the register, and the Customer is the administrator of the domain name.
3.4.3. In case of transfer of the rights for the domain name administration to another party – from the date of processing the application about the transfer of the rights for the domain name administration by the Contractor.
3.4.4. In case of transfer of the domain name from another Registrar – from the date of processing the application for the transfer.
3.5. The customer, who is a private individual, gives its agreement to the Contractor, Attorney for collection, storage and handling of its personal information for the purpose of provision of a service according to this Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor shall be obliged to provide one of the following services:
4.1.1. The service on the primary domain name registration from the date of conclusion of the Agreement if the domain name is available for registration.
4.1.2. The service on the renewal of the domain name registration within three business days from the date of conclusion of the Agreement provided that the domain name is not excluded from the register, and the Customer is the administrator of the domain name or a Concerned party under acceptance according to the law under the right to domain administration and administration it as part of inheritance.
4.2. The Contractor shall be obliged to perform technical arrangements for the timely introduction, modification and provision of the information required to ensure the operation of the domain name of the Customer.
4.3. The Customer shall be obliged:
4.3.1. To take all practicable measures providing the safety of any data (information), using under this Agreement/getting from the Contractor and do not set with no access restrictions.
4.3.2. To inform the Contractor immediately about all suspicions of the unauthorised use of the data, specified by clause 4.3.1. of the Agreement.
4.3.3. To inform the Contractor about all changes in the Customer’s details (domain administrator), listed in the Register, not later than seven days from the date of such changes as specified in clause 12.2.2. of the Agreement.
4.3.4. At the request of the Registrar furnish the documents (both original documents and their duly certified copies), proving the authenticity of the Customer’s details (domain administrator), listed in the Register (including document, proving the identity, for individual persons and individual entrepreneurs, documents on state registration (if necessary, extract from the commercial register of the country of incorporation or other equivalent witness of legal status in accordance to the law of the country of incorporation (registration)) – for legal entities and individual entrepreneurs), as well as any other documents, for which right for vindication is provided to the Contractor by the applicable legislation, within three days from the date of receipt of such demand.
4.3.5. To transfer to the Contractor information subjected to be listed in register, getting from the administrator of corresponding domain of third and subsequent level, not later the day following the day of their getting.
5. LIABILITY OF THE PARTIES
5.1. The Contractor shall be financial liable for failure to comply with its obligations under the Agreement in the amount that does not exceed the amount of the service paid by the Customer.
5.2. The Customer shall be liable in accordance with the law of the Republic of Belarus for failure to comply with its obligations in accordance with the Agreement.
5.3. The Customer shall be liable in accordance with the law of the Republic of Belarus for the consequences of any kind (including for infringement of rights to the trademarks, service marks, trade names or other intellectual property) that may result from the use of the domain name.
5.4. The Customer shall incur a full liability for the damage of any kind, including implied and expected, which may occur to it or to third parties as a result of the use or inability to use the service.
5.5. The Customer shall be liable for all activities in the network performed with the use of the data according to the clause 4.3.1. of the Agreement by himself or other persons, including damages of any kind caused to the Customer, Contractor or third parties.
6. REFUSAL FROM THE GUARANTEE AND LIMITATION OF LIABILITY
6.1. The Customer hereby shall accept the fact that the Contractor shall not operate or control the Internet. In this regard, the Contractor shall not give to the Customer any guarantee obligations or representations, express or ambiguous, regarding the use of the domain name in the Internet, including (but not limited to) the continuity, timeliness, security, correctness, accuracy, satisfactory quality, exact solution of specific tasks and conditions of the Customer.
7. COST OF SERVICES. PROCEDURE OF SETTLEMENTS AND ACCOUNTING
7.1. The cost of services shall be determined in accordance with the Tariffs applicable on the date of payment for the service.
7.2. The Customer pays for services of the Contractor by transferring monetary funds to the settlement account of the Attorney, who in its order transfers determined sum in whole to the account of the Contractor.
7.3. Payment for services of the Contractor by means of SCP is to be performed by individual distribution of monetary funds by the Attorney from the personal account in accordance with the entered payment of the Customer.
7.4. The service is considered to be provided from the date of performance of its obligations by the Contractor in accordance with the clause 4.1.1. and clause 4.1.2. of the Agreement.
7.5. The services have an indivisible nature and shall be taken into account by the Contractor from the date of getting monetary funds from the Attorney in accordance with clause 7.3. of the Agreement or from the date of provision of the service in accordance with clause 4.1. of the Agreement.
7.6. The fact of provision of the services by the Contractor shall be confirmed by the including of the Contractor of information on registered domain name and its administrator (Customer) into the Register of national domain zone and is recorded in the Report for provided services, which is formed and sent to the Customer by the Attorney.
7.7. Documents on the Agreement are formed and sent to the Customer by the Attorney.
7.8. In case of early termination of the Agreement the monetary funds paid by the Customer for the service of the primary domain name registration (renewal of the domain name registration) shall not be returned, and the liabilities of the Contractor under the Agreement shall be considered to be fulfilled.
8. CORRESPONDENCE AND RELATIONS OF THE PARTIES
8.1. Working correspondence (notifications, questions, advice) shall be performed by e-mail.
8.2. Official correspondence (statements, suggestions, complaints, claims) under the Agreement shall be in writing and transferred to the counter-party in the form of a postal mail or by the courier. The date of receipt of a postal correspondence by mail shall be considered the fifth working day following the date of shipment, which is determined by the postmark of the telecommunications agency.
8.3. Validity of applications for commitment of administrative procedures by the Contractor, providing by the Customer in hard copy, compounds 30 calendar days from the date of their signed by the Customer. Upon the expiry of the indicated period of the application the Contractor does not accept and consider them.
8.4. The Contractor has the right to send SMS messages to the mobile numbers of the Customer, which were pointed by him in the registration data.
8.5. In their relations the Parties shall be governed by the applicable law of the Republic of Belarus. Applicable right to the Agreement is the right of the Republic of Belarus.
8.6. The Customer can send to the Contractor its claims executed in accordance with clause 8.2. of the Agreement not later than five working days from the date of expiration of the term of the provision of the service.
8.7. All unresolved disputes on the performance of the Agreement shall be settled by the Economic Court of the city of Minsk. All court proceedings and examinations shall be performed in Russian. Before bringing the suit the Party shall send a written claim to the other Party, which should give a written answer to the claim within 30 days.
9. FORCE MAJEURE
9.1. In case of occurrence of force majeure which includes natural disasters, accidents, fires, riots, strikes, military actions, illegal actions of third parties, entry into force of legislative acts, executive orders and prescriptions of governmental organisations, directly or indirectly prohibiting the activities specified in the Agreement that affect the implementation by the Contractor and/ or the Customer of its functions under the Agreement and other circumstances beyond the expression of the will of the Contractor and the Customer, they shall be exempted from liability for failure to perform or improper performance of their obligations.
10. TERM OF VALIDITY AND PROCEDURE OF TERMINATION OF THE AGREEMENT
10.1. The term of validity of the Agreement shall be one or two years at the Customer’s option and shall be calculated from the date of its conclusion in accordance with subclause 3.2., 3.4. of the Agreement.
10.2. The term of validity of the Agreement shall be prolonged for one or two years at Customer’s options by means of commission of actions by the Customer in accordance with subclause 3.2., 3.4. of the Agreement.
10.3. When performing the procedure of transfer of the rights for the domain name administration, the term of the validity of the Agreement shall be determined by the remaining term of validity of the Agreement concluded with the administrator of the domain name.
10.4. In case of transfer of the domain name from another Registrar, the term of the validity of the Agreement shall be determined by the remaining term of validity of the Agreement concluded by the administrator of the domain name with the previous Registrar.
10.5. Upon expiration of the term of validity of the Agreement, the operation of the domain name shall be suspended.
10.6. 30 calendar days after the expiration of the term of validity of the Agreement the domain name shall be excluded from the register and may be put up for the registration at the auction conducted by the national domain zone technical administrator in order agreed with the national zone administrator.
10.7. The Agreement can be terminated early in the following cases:
10.7.1. Upon the application of the Customer submitted to the Contractor in any moment of the Agreement duration, excluding the period of termination of the domain administration.
10.7.2. As a result of performing procedures of the transfer of rights for the administration, the transfer of the domain name to another Registrar.
10.7.3. Under the court decision.
10.7.4. When excluding the domain from the register in accordance with the Instructions.
11. PROCEDURE OF INTRODUCTION OF CHANGES INTO THE AGREEMENT
11.1. The Contractor shall be entitled to introduce changes into the Agreement unilaterally.
11.2. The changes introduced into the Agreement shall enter into force three calendar days after the posting a new edition of the Agreement at the information resource of the Contractor at the Internet address https://domain.by.
11.3. The changes introduced into the Agreement by the Contractor due to the changes of normative legislative acts shall enter into forth from the date of entry into force of these normative legislative acts.
11.4. The changes introduced into the tariffs for the services of the domain name registration in the Internet shall enter into force from the date of the posting a new tariffs at the information resource of the Contractor at the Internet address https://domain.by.
11.5. The Customer shall be obliged independently to monitor the changes introduced into the Agreement and Tariffs at the information resource of the Contractor at the Internet address https://domain.by. The continuation of use of the service by the Contractor shall be the consent of the Customer with the amended conditions of the Agreement/Tariffs.
12. DETAILS OF THE PARTIES
12.1. The Contractor’s details:
| Name of the organization: | Open Contact Ltd. |
|---|---|
| Postal address: | PO Box 86, 220004 Minsk-4, Belarus |
| Registered address: | 17 Kalvariyskaya St., office 518, Minsk |
| Telephone: | +375 (17) 388-28-85 |
| E-mail: | info@domain.by |
| For payment in в BYN: | IBAN: BY74BLBB30120100008738001001 BSC No. 537 of Belinvestbank JSC, 5 Mogilyovskaya St., Minsk, Belarus, BIC: BLBBBY2X |
| For payment in USD, EUR, RUB: (*for non-residents of Belarus only) |
IBAN: BY50OLMP30120000537040000840 – USD BY10OLMP30120000537040000978 – EUR BY34OLMP30120000537040000643 – RUB Belgazprombank, 60/2 Pritytsky St., Minsk, Belarus, BIC: OLMPBY2X |
| TIN: | 100008738 |
12.2. About the fact of changing the details the Parties shall inform each other in the following manner:
12.2.1. The Contractor shall publish new details in the text of the Agreement at the information resource of the Contractor at the Internet address https://domain.by.
12.2.2. The Customer shall report to the Contractor about changes of its details through Attorney in terms in accordance with clause 4.3.3. of the Agreement.
12.2.3. The Attorney shall publish its details at its own information resource in the Internet.
Annex 1
Tariffs of Open Contact Ltd. for the services of the domain name registration in the Internet
| No. | Services | Amount for 1 year | |||
|---|---|---|---|---|---|
| EUR | USD | RUB | BYN | ||
| 1 | Primary registration/ renewal of the domain name .BY | 12 | 13 | 1000 | 33 |
| 2 | Primary registration/ renewal of the domain name .БЕЛ | 12 | 13 | 1000 | 33 |
| 3 | Primary registration / renewal of the domain name .COM.BY | 10 | 11 | 750 | 23 |
| 4 | Primary registration / renewal of the domain name .MINSK.BY | 9 | 10 | 650 | 23 |
| 5 | Primary registration / renewal of the domain name .NET.BY | 6 | 7 | 540 | 15 |
| 6 | Primary registration / renewal of the domain name .AT.BY | 6 | 7 | 540 | 15 |