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Products and Services Order 5.0 ("PSO5")

 
DOMAIN NAME REGISTRATIONS - .BIZ, .INFO, .NAME, .MOBI, .TRAVEL, .ASIA, .TEL
Last modified : 18th May 2010
 
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 .BIZ, .INFO, .NAME, .MOBI, .TRAVEL, .ASIA, and .TEL 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 .BIZ, .INFO, .NAME, .MOBI, .TRAVEL, .ASIA and .TEL domain names which approved by Internet Corporation for Assigned Names and Numbers (ICANN).
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
"WEBCC's Site" means the web site located at http://www.webnic.cc and http://www.web.cc.
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.

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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.

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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 agrees to submit to WEBCC the following documentation for the authentication of .TRAVEL domain name during the .TRAVEL domain name registration and change of Registrant process:
a.
company/business registration certificate/license that is identical to the business name in the authentication form that was submitted; and
b.
travel related brochures, printed documents and any publicly available documents which support the additional .TRAVEL domain name [brand name or any other name not related to the business name] to be register; and
c.
URLs that used as support evidence of the branding and trade name must be active and display applicant's involvement in the travel related business.
7.6
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.
7.7
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.
7.8
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 .BIZ, .INFO, .NAME, .MOBI, .TEL and .ASIA 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 Local contact
.name USD9.49 USD9.49 USD9.49 N/A
IDN.biz, IDN.org USD9.99 USD9.99 USD9.99 N/A
.biz USD9.99 USD9.99 USD9.99 N/A
.info USD9.99 USD9.99 USD9.99 N/A
.mobi USD14.00 USD14.00 USD14.00 N/A
.asia USD13.00 USD13.00 USD13.00 USD5.00
.tel USD12.00 USD12.00 USD12.00 N/A
IDN.tel USD12.00 USD12.00 USD12.00 N/A

.TRAVEL domain name registration


For each .TRAVEL domain name application submitted by Premier Partner that results in a 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. For any new registration and change of Registrant information of .TRAVEL domain name, an Authentication process shall be required. Authentication fees is non refundable under any circumstances.

Domain Name Registration Renewals Transfer Authentication
.travel USD100.00 USD100.00 USD100.00 USD50.00

Note:
  • 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.