This version of the Agreement is only for informational use – the only valid version is the Russian one.
PUBLIC AGREEMENT
for the services of the domain name registration in the Internet
This public agreement (hereinafter referred to as the Agreement) establishes responsibilities on the provision of services to Open Contact Ltd. (hereinafter referred to as the Contractor), represented by director Andrei Alexandrovich Ivanov, acting on the basis of the Charter, on the one part, with regard to consumer of services (hereinafter referred to as the Customer), on the other part (the Contractor and the Customer are hereinafter referred to as the Parties), as well as establishes responsibilities of the Customer who accepted (provided with an acceptance) the Agreement in accordance with the order set forth in the Agreement.
1. DEFINITIONS USED IN THE AGREEMENT
1.1. The Service Control Panel (hereinafter referred to as the SCP) is an interface for the interaction of the Customer, including sending them a task for the provision of a service, and the Contractor during the provision and consumption of the Contractor’s services organized at the information resource of the Contractor at the Internet address https://domain.by. Access to the SCP shall be provided with the use of authorization (login and password).
1.2. The Personal Account of the Customer (hereinafter referred to as the Personal Account) – SCP Section informing the Customer about the monetary funds contributed by him to the settlement account of the Contractor and intended for the accounting such funds and their writing off by the Customer for the payment of the Contractor’s services. The Personal Account has a number assigned to the Customer when registering it at the Contractor’s information resource in the Internet https://domain.by.
1.3. A Concerned Party shall mean a party entitled for domain administration on the basis of a court decision or by inheritance.
1.4. 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 at the instruction of the Customer 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 be obliged to 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 person the Agreement with applicant 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 applicant 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 Agreement posted on the information resource of the Contractor at the Internet address https://domain.by shall be an offer (public offer), addressed to any number of unspecified persons, to conclude an agreement on the conditions specified in this Agreement to anyone who responds (clause 2, Art. 407 of the Civil Code of the Republic of Belarus).
3.2. The customer, being physical person, gives the consent to the Contractor on collection, storage and handling of the personal data for the purpose of rendering services under this Agreement.
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 through the SCP.
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. or 7.4. 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 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 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 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 from the email specified in the SCP of the Customer (Domain Administrator). The application must contain the domain name, the current Registrar, the Customer’s guarantees of sending an application for the transfer to the current Registrar.
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 moment of payment for the service by Customer in accordance with clause 7.3. or 7.4. of the Agreement.
3.4.2. As to the service of the renewal of the domain name registration – from the moment of payment for the service by Customer in accordance with clause 7.3. or 7.4. of the Agreement on condition 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 person – from the moment 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 moment of processing the application about the transfer by the Contractor.
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 moment 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 moment of conclusion of the Agreement on condition 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 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 Customer’s details (domain administrator), listed in the Register, not later than seven days from the date of such changes as specified in clause 12.3.2. 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 his 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 trade marks, 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 him or to the 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.
6.2. The Contractor shall not be liable for failure to comply with his obligations under the Agreement in case less than 3 business days remains from the date of the Customer’s payment identification by the Contractor to the moment of the expiration of the domain name registration or excluding the domain name from the register.
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.
The Contractor has the right to provide the Customer with a discount from the cost of services established by the current Tariffs. The amount of the discount and the cost of the Contractor’s services in this case is determined according to the issued invoice (order).
7.2. Refilling of the Personal Account in SCP:
7.2.1. The Customer shall refill his Personal Account performing the payment which allows the Contractor to identify it in accordance with clause 7.2.2. of the Agreement.
7.2.2. The Contractor shall identify the Customer’s payment on the basis of the following details from the payment document: Personal Account number, Customer details. When making payment by cash settlement centers, self-service terminals, ATMs of banks, connected to the system «Raschet» (ERIP), the Contractor shall identify the Customer’s payment on the basis of Personal Account number from the payment document.
7.2.3. The date of the identification shall be considered the day of provision of payment documents by the bank of the Contractor that allow to identify the payment of the Customer.
7.2.4. The Contractor shall reflect the monetary funds on the Personal Account of the Customer within three working days from the date of the payment identification.
7.2.5. The monetary funds reflected on the Personal Account, but not written off by the Customer, shall not be a commercial loan.
7.3. Payment for the services through the SCP shall be performed by writing off the funds from the Personal Account at Customer’s option.
7.4. Payment for the services on the basis of the invoice (order):
7.4.1. The Customer shall perform the payment which allows the Contractor to identify it in accordance with clause 7.4.2. of the Agreement.
7.4.2. The Contractor shall identify the Customer’s payment on the basis of the following details from the payment document: the domain name, Customer details, invoice number (order number). When making payment by cash settlement centers, self-service terminals, ATMs of banks, connected to the system «Raschet» (ERIP), the Contractor shall identify the Customer’s payment on the basis of the domain name or order number from the payment document.
7.4.3. The date of the identification shall be considered the day of provision of payment documents by the bank of the Contractor that allow to identify the payment of the Customer.
7.5. The service shall be considered to be provided from the date of performance of his obligations by the Contractor in accordance with clause 4.1.1. and clause 4.1.2. of the Agreement.
7.6. The services have an indivisible nature and shall be taken into account by the Contractor from the date of writing off monetary funds by the Customer to pay for the service from his Personal Account 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.
7.7. The fact of provision of the services by the Contractor shall be confirmed by the including of 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 Contractor on the last day of the reporting month. The Report for provided services is formed and signed by the Parties individually on the last day of the reporting month – the month of the actual service provision by the Contractor.
7.8. Invoices and Reports for provided services formed by the Contractor shall be transferred to the Customer by email. The documents in the electronic form shall be available to the Customer in SCP. If required, the Customer can get original documents from the Contractor.
Upon Customer’s request, the Contractor shall arrange the transfer of the invoice and the Report for provided services formed by the Contractor through one of the electronic document exchange services, such as Podpis.by.
7.9. 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.
Official correspondence can also be carried out through the electronic document exchange services, such as Podpis.by.
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 his 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 circumstances 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 organizations, 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 payment for the service of the primary domain name registration performed in accordance with clause 7.3. or clause 7.4. of the Agreement.
10.2. The term of validity of the Agreement shall be prolonged for one or two years at the Customer’s option by means of paying for the service of the renewal of the domain name registration performed in accordance with clause 7.3. or clause 7.4. 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 Agreement (except for the case of its renewal for a new term) the record on registration of the domain name in the domain names database is canceled. Registration of a domain name canceled due to the expiration of the Agreement can be carried out in the manner and in accordance with the requirements of the Instructions.
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 moment 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. The Customer shall introduce his details through the SCP.
12.3. About the fact of changing the details the Parties shall inform each other in the following manner:
12.3.1. 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.
12.3.2. The Customer shall independently introduce changes into the details that are available for editing in the SCP or inform the Contractor about the changes in the details in writing in accordance with clause 8.2 of the Agreement in terms in accordance with clause 4.3.3. of the Agreement.
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 | ||
| 1 | Primary registration/ renewal of the domain name .BY | 12 | 13 | 1000 |
| 2 | Primary registration/ renewal of the domain name .БЕЛ | 12 | 13 | 1000 |
| 3 | Primary registration / renewal of the domain name .COM.BY | 10 | 11 | 750 |
| 4 | Primary registration / renewal of the domain name .MINSK.BY | 9 | 10 | 650 |
| 5 | Primary registration / renewal of the domain name .NET.BY | 6 | 7 | 540 |
| 6 | Primary registration / renewal of the domain name .AT.BY | 6 | 7 | 540 |