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Products and Services Order 5.0 ("PSO5")
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| DOMAIN NAME REGISTRATIONS - .BIZ, .INFO, .NAME, .MOBI, .TRAVEL, .ASIA, .TEL |
| Last modified : 18th May 2010 |
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| 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.
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| 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 |
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| 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.
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| 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.
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| 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.
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| 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. |
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| 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
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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 |
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.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.
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EXHIBIT B
Payment method
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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] |
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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: |
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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 |
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Note: |
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* 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
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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
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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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