| 1. |
Products and Services Order (PSO) |
| 1.1 |
This Products and Services Order (“PSO”) is issued pursuant to the WebNIC Premier Partner Program Agreement (the “Agreement”) between Premier Partner and Web Commerce Communications Limited (“WEBCC”), and shall apply to Internet domain name registrations in the .COM, .NET, .ORG, Multi-lingual .COM,.NET and .ORG [Multi-lingual .COM, .NET and .ORG Top-Level Domains also known as International Domain Name (“IDN”)] Top Level Domains (“TLD”) conducted by Premier Partner through WEBCC as Registrar. All capitalized terms in this PSO not otherwise defined herein shall have the meaning assigned to them in the Agreement.
|
| 2. |
Definitions |
| 2.1 |
"Interface Tool"
means the tool provided by WEBCC that Program
members, on behalf of their customers, can
use to register domain name(s) on the Internet.
The Interface Tool may include, but is not
limited to, Java-based application program
interface or an XML-based application program
interface. WEBCC may, in its sole discretion,
modify the Interface Tool, or discontinue
any part of the Interface Tool at any time. |
| 2.2 |
"Domain Name"
" means .COM, .NET, .ORG domain names
which approved by Internet Corporation for
Assigned Names and Numbers (ICANN) and IDN
registration services which provide by Verisign
Registry. |
| 2.3 |
"WEBCC Services"
means Domain Name registration services. |
| 2.4 |
" WEBCC Policies"
shall mean and refer to WEBCC's registration
and policies located at http://www.webnic.cc. |
| 2.5 |
|
| 2.6 |
"Registrant"
shall mean any individual or entity registering
a domain name, provided said registration
should be deemed effective only after processing
of registration by WEBCC.
|
| 3. |
Premier Partner Requirements |
| 3.1 |
Premier Partner agrees
to use WEBCC Services, on a preferred basis,
to (i) register second-level Domain Name
registration services and (ii) provide other
services in the Domain Name. As used herein,
"preferred basis" shall mean Premier
Partner registers through WEBCC, as its
domain name registration service provider,
at least sixty percent (60%) of all Domain
Name registered by or through Premier Partner
during each calendar quarter during the
Term of this PSO. |
| 3.2 |
WEBCC will inform Premier
Partner on the renewal dates of Registrants'
Domain Name(s). WEBCC will use commercially
reasonable efforts to provide at least sixty
(60) days notice before the Domain Name
registration expiry. Premier Partner will
be responsible to inform each of their Registrants
when the Domain Name registration is due
for renewal at least thirty (30) days prior
to the expiry term. |
| 3.3 |
In utilizing the WEBCC
interface, Premier Partner agrees to cooperate
fully with WEBCC in order to establish and
maintain such interface. All scripting may
be modified and/or expanded from time to
time throughout the term of this Agreement
pursuant to the mutual agreement of the
parties hereto. |
3.4 |
Premier Partner shall
strictly comply with WEBCC's Registration
Agreement and those WEBCC Policies provided
by WEBCC's Site or such other internet site
as may be designated by WEBCC from time
to time. Registrants who buy or register
WEBCC Services through this Program will
be deemed to be customers of WEBCC. Accordingly,
all of WEBCC's rules, policies, and operating
procedures concerning Registrant applications,
Registrant service, and sales of WEBCC's
services will apply to those Registrants.
WEBCC reserved the right to modify, supplement
or amend WEBCC Registration Agreement and
WEBCC Policies from time to time. |
| 3.5 |
Premier Partner will
integrate available Domain Name into "search
results" under the available domain
name search function during the term of
this Agreement if such functionality is
available on Premier Partner's web site(s)
at any time during the term of this Agreement.
Premier Partner will implement the Domain
Name Interface Tool and make available the
registration of Domain Name by not later
than thirty (30) calendar days after the
Effective Date of the Premier Partner Agreement. |
| 3.6 |
For each approved Domain
Name registration, renewal and transfer,
Premier Partner shall be solely responsible
for billing its Registrants or its Resellers
and shall assume all risk of non-payment
by Registrants or its Resellers. |
| 3.7 |
The details of Premier
Partner Domain Name registration services
offering and pricing are documented in Exhibit
A. Premier Partner shall be liable to
pay WEBCC the Domain Name registration,
renewal and transfer fees set forth in Exhibit
A attached hereto. |
| 3.8 |
During the Domain Name
registration or renewal process, name servers
would be requested while the Domain Name
being registered, renewed or transferred.
If there is no name servers being entered
for the Domain Name, the Domain Name will
be automatically placed on name servers
provided by WEBCC which will be redirected
to "Under-Construction" page (collectively
as "Parked Domain"). There is
no charge for Parked Domain and by not designating
name servers during the registration process,
WEBCC has been given the consent to and
authorization to place the "Under-Construction"
page, and its associated contents, on your
Parked Domain until any modification of
name servers. |
| 3.9 |
In the event of Domain
Name registration terms expires but prior
to renewal, the Domain Name will be redirected
to the "Domain Expired" page (collectively
as "Parked Domain"). There is
no charge for the parked Domain Name. By
not renewing the Domain Name, WEBCC has
been given the consent to and authorization
to place the "Domain Expired"
page, and its associated contents, on your
parked Domain Name. The name server configuration
(or "un-park" the Domain Name)
after the renewal is complete. |
| 3.10 |
The "Under-Construction"
and/or "Domain Expired" pages
may contain advertisements and other materials
selected by WEBCC, in WEBCC's sole discretion.
This may include, but is not limited to
third-party Web sites, third-party product
and service offerings, and/or Internet search
engines. |
| |
|
| 4. |
Technical Services Performed by WEBCC |
| 4.1 |
WEBCC will provide a
reasonable amount of telephone, e-mail or
fax-back technical support, from 8:30 a.m.
to 5:30 p.m. Malaysian Time on Malaysian
business days (excluding Malaysian public
holidays), to Premier Partner's technical
staff only regarding the registration, renewal
or transfer of Domain Name in the Domain
Name database and the access and interface
between Premier Partner and the Domain Name
database. All support will be provided in
the English language.
|
| 5. |
License |
| 5.1 |
WEBCC will grant Premier
Partner a non-exclusive, non-transferable
license to use the Software and a non-exclusive,
non-transferable license to use the Application
Programming Interface (API) for the term
of this Agreement but only to enable Premier
Partner to solely conduct business of Domain
Name registration in accordance with the
terms of this Agreement, and for no other
purpose. Premier Partner agrees to employ
adequate security measures to prevent use
of the API and Software for any other purpose.
WEBCC may from time to time make modifications
to the Software and the API licensed hereunder
that will enhance functionality. |
| 5.2 |
WEBCC grants to Premier
Partner and Premier Partner accepts a limited,
non-exclusive, non-transferable, non-sublicensable,
revocable, royalty-free license to access
WEBCC's domain name lookup servers which
host WEBCC's customer database ("Whois
Database"), and to use the Interface
Tool and any other tools provided by WEBCC,
only for the purposes of determining the
availability of character strings to register
as Domain Name, and for submitting orders
to WEBCC for WEBCC Services, and for no
other purposes. Without limiting the foregoing,
Premier Partner shall not access the Whois
Database to (i) allow, enable or otherwise
support the transmission by e-mail, telephone,
or facsimile of mass unsolicited, commercial
advertising or solicitations; (ii) enable
high volume, automated, electronic processes
that send queries or data to WEBCC or its
systems, or to the Whois Database of any
WEBCC Registrar or the Whois Database of
the WEBCC Global Registry, except as reasonably
necessary to register domain name or modify
existing registrations. Premier Partner
shall not sell or redistribute any data
gathered from any WEBCC Whois Database.
In addition, Premier Partner shall not use
the Interface Tool or any other tools provided
by WEBCC with any other domain name registration
service provider.
|
| 6. |
Payment |
| 6.1 |
Prior to accepting any
Domain Name registrations, renewals and
transfers Premier Partner shall make payment
to WEBCC by wire transfer or credit card,
in U.S. currency, pursuant to Exhibit B
(the "Deposit Fund"). As WEBCC
accept Domain Name registrations, renewal
or transfer from Premier Partner, WEBCC
shall deduct against the prevailing balance
of the Deposit Fund the value of the Domain
Name registration, renewal or transfer fee
payable by Premier Partner as per Exhibit
A. If the value of the fees debited against
the Deposit Fund exceed the value, further
registrations will not be allowed and the
account will be suspended until Premier
Partner replenish the Deposit Fund in the
manner as set out in Exhibit B. Amounts
transferred by Premier Partner to the Deposit
Fund will take at least ONE (1) business
day upon confirmation of the money have
been received prior to the commencement
of registration services. |
| 6.2 |
Based on revised ICANN policy, there shall be NO refund to Premier Partner for any Domain Name deleted within the (5 days) Create Grace Period under any circumstances.
|
| 6.3 |
In the event that WEBCC's Internet Payment
Gateway was utilised by Premier Partner during
registration of Domain Name, WEBCC will be
charging the credit card clearing charges
of 4% + USD0.60 on the amount of every single
transaction transacted through WEBCC's Internet
Payment Gateway. The Internet Payment Gateway
charges will be billed and deducted from the
Deposit Fund as per each transaction. |
| 7. |
General |
| 7.1 |
Premier Partner understands
and agrees that WEBCC, in its sole discretion,
will establish, and may modify from time
to time, WEBCC's Services. WEBCC reserves
the right, in its commercially reasonable
discretion, to reject any order for any
WEBCC Services pursuant to the Agreement,
this PSO, and WEBCC's Service Agreement. |
| 7.2 |
The term of this PSO
shall be concurrent with the Term of the
Agreement. The termination or expiration
of the Agreement shall cause this PSO to
immediately terminate on the date of the
termination or expiration of the Agreement. |
| 7.3 |
This PSO may be executed
in one or more counterparts, each of which
shall be deemed an original and all of which
taken together shall constitute a single
agreement. |
| 7.4 |
Premier Partner agrees to comply with any
terms and conditions required by the applicable
registry in connection with any of the services
being made available by WEBCC hereunder. Premier
Partner represents and warrants that any information
provided by or through Premier Partner to
WEBCC in connection with the services hereunder
is accurate and complete, and submitted in
the form required by the applicable registry. |
| 7.5 |
Premier Partner acknowledges that ICANN
and the registries of all the Domain Name
may impose certain changes or new restrictions
or obligations on WEBCC to which Premier Partner
shall comply, if applicable, or require Premier
Partner Customers to comply, if applicable.
WEBCC shall make commercially reasonable efforts
to notify Premier Partner of any such changes,
new restrictions or obligations as quickly
as commercially possible. |
| 7.6 |
Premier Partner and WEBCC acknowledge that
additional services may become available through
WEBCC after the effective date of this PSO,
including but not limited to services in the
Domain Name that are not provided for herein
and services in additional Domain Name ("Additional
Services"), and that Premier Partner
does not wish to be required to sign an additional
PSO in order to be able to offer any Additional
Services. Therefore, in the event any Additional
Services become available, Premier Partner
and WEBCC agree that (1) WEBCC may, in its
sole discretion, forward to Premier Partner
a document bearing the signature of an authorized
WEBCC representative and containing terms
and conditions that will apply to any distribution
or other use by Premier Partner of any such
Additional Services ("Governing Terms");
(2) in addition to the terms and conditions
set forth in this PSO, the Governing Terms
shall govern the Premier Partner's and WEBCC's
rights and obligations in connection with
the distribution, promotion or other use by
Premier Partner of any such Additional Services;
(3) Premier Partner's distribution, promotion
or other use of the Additional Services in
the ccTLD(s) referenced in the Governing Terms
shall constitute Premier Partner's acceptance
of and agreement to be bound by the Governing
Terms; and (4) no changes to the Governing
Terms shall be effective between the parties
except for those set forth (i) in a subsequent
document signed by an authorized WEBCC representative
and provided to Premier Partner, or (ii) in
a subsequent writing signed by the parties
hereto. The parties agree that the method
of contract formation described in this Section
is only one method that may be used at the
option of WEBCC, and that Premier Partner
may agree to additional terms and conditions
by accepting such terms and conditions in
the manner directed in writing by WEBCC. |
| 7.7 |
All payments by Premier Partner pursuant
to this Agreement must be made free and clear
of, and without reduction for, any withholding,
value added or other taxes. Any such taxes
that are otherwise imposed on payments by
Premier Partner to WEBCC will be the sole
responsibility of Premier Partner and Premier
Partner agrees to indemnify and hold WEBCC
harmless from the payment of such taxes. |
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|
EXHIBIT A
Pricing Schedule
|
For each Domain Name
application submitted by Premier Partner
that results in any Domain Name registration,
renewal or transfer, on or after the date
set forth in the PSO to which this Schedule
is an exhibit, Premier Partner shall pay
WEBCC a domain name service fee per registration
year as detailed in the following table. |
|
| Domain Name |
Registration* |
Renewals* |
Transfer* |
| Romanise .com, .net |
USD9.49 |
USD9.49 |
USD9.49 |
| Multi-lingual (IDN) .com,
.net |
USD10.49 |
USD10.49 |
USD10.49 |
| Romanise .org |
USD8.99 |
USD8.99 |
USD8.99 |
| Multi-lingual (IDN) .org |
USD9.99 |
USD9.99 |
USD9.99 |
.br.com
.cn.com
.gb.net
.uk.com
.uk.net
.uy.com
.hu.com
.no.com
.ru.com
.sa.com
.se.com
.se.net
.za.com
.jpn.com
|
USD39.00 |
USD39.00 |
USD39.00 |
.eu.com
.gb.com
.us.com
.qc.com
.de.com
.ae.org
.kr.com
.ar.com
|
USD22.50 |
USD22.50 |
USD22.50 |
|
|
Note: |
|
- Prices indicated are for each year
in the term of an ordered registration.
- This Fee Schedule is subject to the
terms and conditions of the agreement
between the parties (as the same may
have been amended) concerning the provision
of the services identified above. Later
dated Fee Schedules, signed by the parties
or issued by WEBCC in conjunction with
the addition of other services not identified
above, shall supersede this Fee Schedule
with respect to the services identified
in such later dated Fee Schedule.
|
EXHIBIT B
Payment method
|
Prior to accepting any
domain name registrations, renewals and
transfers, Premier Partner shall transfer
the initial pre-payment for Deposit Fund
to WEBCC through the acceptable method (as
listed below) in order to open a Premier
Partner account with WEBCC. The acceptable
payment method of WEBCC are as follows:
|
Acceptable Payment Method
1. |
Online Payment (Credit Card, Direct Debit (Alipay), PayPal)
Under the Online payment method, Premier Partners are required to pay to WEBCC a minimum payment of One Hundred United States Dollars (USD$100) for all initial pre-payment while Premier Partners are required to pay to WEBCC a minimum payment of Fifty United States Dollars (USD$50) for any subsequent payment. For all online payment, it shall be subject to the following payment gateway charges for every online top up successfully processed:
| Online Payment |
Payment Gateway Charges |
Less than USD 500 |
2.9% of the top up amount [per transaction] |
USD500 or above |
2.6% of the top up amount [per transaction] |
|
2. |
Offline Payment (Wire Transfer (TT), Bank in)
Under the TT payment method, Premier Partners are required to transfer to WEBCC with a minimum payment of Five Hundred United States Dollars (USD$500). The above shall apply to all initial pre-payment and any subsequent payment by Premier Partner.
Premier Partner shall transfer the payment to the following bank account as follows: |
|
Pay To: |
(Swift Code: CITIUS33)
(ABA Routing No. : 021000089) **
Citibank New York
21st Floor, 111 Wall Street, New York,
New York 10043
USA
** Remark : ABA Routing No. is only requested if you wire transfer from a
US bank. |
For Account Of: |
(Swift Code: MBBEMYKA)
A/C No : 36075039
Maybank International (L) Ltd
Level 16 (B), Main Office Tower,
Financial Park Labuan,
Jalan Merdeka,
87000 Labuan FT
MALAYSIA |
For Further Credit To: |
Web Commerce Communications Limited
A/C No: 102010000000224 |
|
|
Note: |
|
* Please ensure that the TT form during wire transfer has the complete information as listed above.
* Kindly send the TT receipt with stated your partner ID to Web Commerce Communications Limited by email to support@webnic.cc or fax to +603-8996-8788 after processing the TT.
* Clearing of TT may take approximately 2 to 4 working days.
Under the Bank in payment method, Premier Partners are required to transfer to WEBCC with a minimum payment of One Hundred United States Dollars (USD$100). The above shall apply to all initial pre-payment and any subsequent payment by Premier Partner.
Premier Partner shall bank in the payment to the following bank account as follows: |
Malaysia Partner
|
|
Cheque/Banker Cheque: Cheque/Bank Draft to be made payable to |
Qinetics Solutions Berhad
Qinetics Solutions Berhad c/o ClientCare Department
Lot 2-2 Incubator 1,
Technology Park Malaysia,
57000, Kuala Lumpur, Malaysia |
Bank in: Account Payable: |
Payable to: Qinetics Solutions Berhad
Bank: Malayan Banking Bhd
A/C No: 514413400739 |
Bank Draft: Bank Draft to be made payable to: |
Qinetics Solutions Berhad
Qinetics Solutions Berhad c/o ClientCare Department
Lot 2-2 Incubator 1,
Technology Park Malaysia,
57000, Kuala Lumpur, Malaysia
Malaysia |
Singapore Partner
|
|
Bank in: Account Payable: |
Payable to: WEB COMMERCE COMMUNICATIONS (SINGAPORE) PTE LTD
Bank: DBS Bank Ltd
A/C No: 010-901761-5 |
Note: |
* Please ensure that the Bank in form has the complete information as listed above.
* Kindly send the bank in slip with stated your partner ID to Web Commerce Communications Limited by email to support@webnic.cc or fax over to +603-8996-8788 after processing the bank in.
* Clearing of cheque or banker cheque may take approximately 2 to 4 working days. |
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