.BI cctld REGISTRAR AGREEMENT

Transcription

1 .BI cctld REGISTRAR AGREEMENT BETWEEN: Le Centre National de l Informatique s.a.,.bi cctld Manager, established at 157, Chaussée P.L. Rwagasore, BP 2270 Bujumbura, Burundi, sponsoring organization of BI REGISTRY Called "CNI"; Represented by Victor Ciza AND : «Company name» Established at «Street» «Location» «Country» Called the "Registrar" Represented by WHEREAS: - CNI is the registration authority that grants licenses to use domain names under the «.bi» top level domain; - The registrar wants to participate in the registration process of domain names in the «.bi» top level domain by registering or renewing domain names with CNI on behalf of its clients but for its own account; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 0. DEFINITIONS 0.1. BI Registry means the Burundi country code Top Level Domain Registry sponsored and managed by CNI Registrant means the holder of a Registered Name or the registrar's client applying for the registration or renewal of a domain name 0.3. "Licensee" means Registrant 0.4. Registered Name means each domain name registration, renewal or extension registered and/or maintained through BI Registry System "DNS" refers to the Internet Domain Name System Exhibits mean the document(s) referenced in this Agreement. Exhibits may be added or amended from time to time by mutual agreement of the Parties. 1

2 0.7. "cctld" means the country code top-level domain in the DNS Fee Schedule is the schedule of fees applied for BI Registry domain names registration, renewal and transfer operations. 1. LICENSE 1.1 License Grant According to this agreement, CNI will grant a license to use any acceptable domain name under the «.bi» domain, for which the registrar requests the registration or renewal on behalf of its client but for its own account; The license to use the domain name under the conditions of this agreement is granted for a minimum of 2 (two) years to a maximum of 10 (ten) years. After that the license is renewable for successive periods of 1 (one) year to 10 (ten) years. 1.2 Rights The rights granted under this agreement are not exclusive. 2. DOMAIN NAME REGISTRATION To register or renew a domain name, the registrar must ensure that: - the licensee meets all requirements to be given or renew a license. - the licensee accepts the registration agreement applicable when the application is made. - Inform the licensee of all information the registrar receives from BI Registry that may influence the licensee and CNI's contractual relationship, particularly about a potential termination of the license. The registration agreement between CNI and the licensees that applies on signing this registrar agreement is found on the website URL: It comprises the following documents: 1. BI Top Level Domain Service Agreement 2. Acceptable domain names and policy 3. Terms and Conditions CNI may amend the registration agreement from time to time. In this case, CNI must inform the registrar of amendments no later than 30 days before they become effective and send this information by and publish it on its website. 3. REGISTRATION PROCEDURES 1. The registrar must respect the procedures developed by CNI to register or renew a domain name. CNI may adjust or amend the registration procedure and must inform the registrar no later than 30 (thirty) days before those adjustments or amendments become operational. At the same time, CNI must provide the registrar with all technical information required for their implementation. 2

3 2. The registrar may not overload CNI's network or hinder CNI from providing its services (for example by denial of service attacks). The registrar may do nothing that could threaten the stability of the Internet. If the registrar breaches these obligations, CNI may suspend this agreement immediately and without notice for 14 days. CNI may terminate the agreement if after 14 days the registrar still breaches these obligations. 4. FEES 4.1 Deposit account Upon entering into this agreement, the registrar pays CNI a one time flat fee of EUR for the right to apply for license(s) of domain names (or for renewal) on behalf of the licensees but for its own account. Depending on the amount paid, the deposit will allow the registrar's registration, renewal and transfer to be at reduced fees. Exhibit 1 shows the flat fees schedule and the corresponding registration/renewal fee rates. 4.2 Registration/Renewal fees 1. The registrar must pay the registration and renewal fees for the domain names he registers or renews on behalf of the licensees but for its own account. Exhibit 1 sets out the registration and renewal fees applicable on signing of this agreement. 2. The fees for new registrations are immediately charged and the fees for the renewals are settled at the end of the month in which the licenses have been renewed. The registrar has to pay on time the invoices for the registration and renewal fees issued by CNI. Timely payment of registration/renewal fees is a material condition of performance under this agreement. If at any time, the registrar does not pay the registration and/or renewal fees on time, CNI may stop accepting new registrations and/or delete the domain names associated with any invoices not paid in full from.bi Registry database. 4.3 Transfer fees 1. Transfer fees are charged as soon as the transfer has been executed. In order to protect the domain name holder against unvoluntary deletions, a domain name will be put on hold during a certain period following its deletion, regardless whether this deletion has explicitely been requested by the domain name holder or whether it is due to the non-renewal by the registrar. During this period the domain name can be reactivated. CNI will charge a specific fee for the re-activation of each domain name. The period during which the domain name can be reactivated as well as the reactivation fee applicable on signing of this agreement are set out in exhibit Modification of fees CNI may modify the fees at any time and it will inform the registrar of any changes at least 30 days before the new fees become effective by and by publishing the new fees on CNI's website. 4.5 Payment 1. The initial deposit amount (flat fee) must be paid according to the invoice CNI issues on signing this agreement. 2. The registration and renewal fees must be paid according to the payment terms and conditions indicated in CNI's monthly invoices to the registrar. 3. CNI will issue monthly invoices for licenses of domain names registered or renewed in that month. Should the license for a domain name expire during the month of invoicing and may not be renewed, the registrar must take all steps to have that domain name deleted from the registration 3

4 system by the last working day of that month. Domain names for which the license will expire during the month of invoicing and which are not deleted from the system will be automatically renewed and invoiced by CNI. The registration and renewal fees are due by the registrar as soon as the license is granted or renewed. 4. Transfer fees must be paid according to payment modalities indicated by the specific invoice that CNI issues following the execution of the transfer. 5. Invoices must be paid within 30 days since the invoice date. 5. CHANGE OF REGISTRAR The registrar must grant the licensee a right to transfer part or all of his domain names that the registrar has registered or renewed on his behalf to another registrar. The registrar must cooperate with the licensee, the new registrar and CNI for the transfer. When the new registrar initiates the requested transfer according to the applicable procedure, CNI will send an to the new registrar and the licensee. The transfer will come into effect if the licensee confirms, or does not object to, the transfer within 7 days after CNI's . If the licensee does not respond within 7 days, CNI will send a reminder by to the new registrar explaining that the transfer will only become effective if the licensee confirms the transfer to CNI by fax within 7 days after the date of the second . As a result of the transfer, the new registrar must pay to CNI the annual registration fee as soon as the transfer becomes effective. CNI will not refund the fee the old registrar paid, neither in whole or in part. The old registrar may not require the licensee to pay a fee, to give reasons for the transfer, or to give more than one month's notice for the transfer to become effective. 6. TERM AND TERMINATION OF THE AGREEMENT 6.1 Term of the Agreement This agreement is established at the moment of its signature by the registrar. It will enter into force at the moment CNI receives the original document signed by the registrar. The agreement is concluded for a period of one year starting from the signing of it. For the calculation of this period, the date of signature will be considered to coincide with the first day of the month following the month in which the agreement was signed by the registrar unless the signature took place on the first day of the month itself in which case this date will be regarded as the date of signature. At the end of its term, the agreement will be automatically extended for subsequent periods of one year unless a party notifies the other party in writing no later than 2 months before the end of the agreement s term that he does not want to extend the agreement or that he wants to change the conditions of the agreement. 6.2 Termination upon loss of CNI s registration authority This agreement will terminate immediately if CNI may no longer grant licenses to use domain names for whatever reason. The registrar cannot hold CNI responsible for damage resulting from this termination, unless the termination is due to CNI's gross negligence or fraud. CNI will immediately inform the registrar of any fact brought to its attention, that may reasonably cause the termination of CNI's registration authority. At the termination of its registration authority, CNI shall use its best efforts to: 4

5 facilitate the continuation or the transfer of the existing contracts between CNI and the registrars at the termination date; obtain a notice period before the termination of its registration authority. 6.3 Breach of Terms CNI may terminate this Agreement or otherwise suspend access to the.bi Registry database if the registrar breaches materially any term set forth in this agreement and such breaching is not cured within seven (7) days of notice to the registrar of breaching. 6.4 Bankruptcy Either party may terminate this agreement if the other party becomes bankrupt or if the other party s business is wound up. 8. EFFECTS OF TERMINATION Even after termination, the registrar must pay the fees that were due before termination. CNI will transfer the domain names of the registrar whose agreement has been terminated to other registrars upon the request of that registrar or the person who is entitled to represent him. In such case CNI will charge the transfer fee to the deposit account and the balance of the deposit account will be reimbursed to the registrar. CNI may claim full compensation for the costs incurred, if they exceed the deposit account balance. If the agreement is terminated and for as much as a the registrar doesn t succeed to accomplish a transfer of the domain names he has in his custody to other registrars within one month following the termination of the agreement, CNI must inform the licensees that their domain names have been put on hold under the registration agreement (Exhibit 2 contains a copy of this agreement). At the same time CNI must inform the licensees that they have one month to choose another registrar. If the licensee designates another registrar, CNI will charge the renewal fees to the new registrar when the license concluded through the old registrar ends. If the licensee does not appoint another registrar, CNI will terminate the license of the domain name at the end of its term. The domain name will remain on hold for the longer of: (a) three months after the notice asking licensees to designate a new registrar; or (b) two months after the termination of the license. While the domain name is on hold, the licensee may appoint another registrar. The latter should be, or apply to become, a.bi cctld accredited registrar and restore any terminated licenses. 9. ASSIGNMENT OF RIGHTS The registrar may assign rights under this agreement to a third party if the registrar informs CNI in writing no later than one month before the assignment becomes effective. The old registrar and the assignee are jointly and separately liable for performing this agreement until the end of the agreement with CNI. 10. WARRANTIES The registrar must indemnify CNI against a claim for damages in or out of court by licensees or third parties against CNI for the products and services offered by CNI or by the registrar including claims for: 5

6 Granting or not granting, renewing or not renewing a license to a licensee or a third party for a domain name, because for example, of an error regarding identity; Terminating CNI's registration authority under the «.bi» domain; Third parties claiming rights on a domain name; Technical defects or shortcomings. CNI must make a reasonable effort to provide its services according to the principles of the Best Practices guidelines of the registration authorities. 10. MISCELLANEOUS 10.1 Effect of this agreement on third parties This agreement only creates rights and obligations for the signing parties and not for third parties. Third parties cannot claim any rights against the registrar or CNI Amendments Both parties must agree to amendments of this agreement in writing. This does not apply to amendments to the registration agreement and the registration and renewal fees which CNI may amend under this agreement Disputes Only the Burundi courts may handle disputes under this agreement. The courts must apply Burundi law Intellectual property This agreement does not change the status of any intellectual property rights of the parties. The parties will remain owners of their intellectual property rights Use of logos and name of CNI This agreement does not grant the registrar the right to use the logo and name of CNI unless with explicit permission of the latter. CNI can create specific logo s for the benefit of the registrars and can grant the usage of these logo s to the registrars. CNI will inform the registrars of any such event Website of the registrar The registrar has the obligation to communicate to CNI the exact reference of the part of his website where referral is made to the domain name registration. CNI has the right to record this reference on its own website so that customers can contact the registrar directly. CNI also has the right to update this reference if it proves to be outdated. Signed at Bujumbura, on For CNI For the registrar (name + title) (name + title) 6

7 Annual Fee per domain name (in EUR) Exhibit 1: SCHEDULE OF FEES 1. BI Domain Names Registration and renewal fee Schedule One time Flat Fee Amount (EUR) Domain Name Registration/Renewal Validity Period (in years) Bronze Silver Gold Registrar Categories Registrar Categories Flat fee(in EUR) paid Gold 10,000 Silver 5,000 Bronze 1, Transfer/Reactivation fees 3.1. The fee for the transfer of domain names by CNI upon demand of the registrar is EUR per domain name with a minimum amount of EUR 70 EUR per requested transaction The fee for the re-activation of a domain name that was put on hold status is EUR 100. Domain names on hold status can be re-activated during a period of 60 days following their deletion by the registrar that had the domain under his management upon the time of the deletion. 7

8 Exhibit 2 - Registration agreement The registration agreement between CNI and the licensees that applies on signing this registrar agreement is found on the website URL: It comprises the following documents: 1. BI Top Level Domain Service Agreement 2. Acceptable domain names and policy 3. Terms and Conditions 8