The rules of organizing auctions
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APPROVED |
AGREED |
1. General provisions
1.1 The present Regulations are developed in accordance with the Order of the Operational and Analytical Centre under the Aegis of the President of the Republic of Belarus from June 18, 2010 No 47 "On some issues of registration of domain names in the space of hierarchical names of the national segment of the Internet", the Order of the Operational and Analytical Centre under the Aegis of the President of the Republic of Belarus from February 26, 2015 No 16 "On some issues of registration of domain names", and defines the procedure of auctions for domain name registration conducted by the technical administrator of the national domain zone (hereinafter – the Auctions), as well as the procedure for concluding contracts for the domain name registration with the auction winner.
1.2 Auctions are held by the technical administrator of the national domain zone - the Research and Production Private Unitary Enterprise "NADEZHNYE PROGRAMMY" (hereinafter - the Organizer).
1.3 The subject of the auction is the right to register .бел domain names proposed for the auction in order of priority registration and .by and .бел domain names that were excluded from the registry.
1.4 The proceeds from a charity auction, minus the cost of domain name registration fee, are to be sent in the manner agreed with the administrator of the national domain zone, as a grant (sponsorship) to educational and health care institutions that provide support to orphans and children left without parental care.
1.5 The term of charity auctions for priority registration of .бел domain names is from June 2, 2015 till October 1, 2015.
1.6 Charity auctions for the right to register .by and .бел domain names that were excluded from the registry are to be carried out on a regular basis.
2. The procedure of organizing auctions
2.1. Auctions are open. Participation in Auctions is free of charge.
2.2. To organize and conduct an auction the Auction Committee consisting of at least 3 people is created by the Order of the Organizer (hereinafter - the Committee). The Committee includes representatives of the technical administrator of the national domain zone, representatives of the registrars that provide services on registering domain names in the national domain zone (if a registrar consents to include its representatives in the Committee). The Committee may also include representatives of public associations that wish to send their representatives to participate in the Committee.
2.3. The Committee is created for a term of five years. The composition of the Committee may be renewed earlier if changes or additions to the present Regulations are made providing changes in the Committee formation procedure, as well as in a case of retirement of a member of the Committee.
2.4. The Organizer:
2.4.1. Determines time and date of the Auctions and of the summarizing of their results;
2.4.2. Determines the software which will be used to conduct an auction;
2.4.3. Makes decisions on the establishment and/ or modification of the initial price of an auction object and of amount of the price increase of an auction object (hereinafter - the Bid Increment);
2.4.4. Organizes publication of the notice about an auction in mass media;
2.4.5. Supervises transfer of the charitable contributions by the auction winners, to the bank accounts of institutions providing support to orphans and children left without parental care;
2.4.6. Determines (including on the basis of information provided by the State authorities, public associations, as well as on the basis of received applications) and negotiates with the administrator of the national domain zone the list of organizations providing support to orphans and children left without parental care, on the account of which the auction winner transfers the funds (hereinafter - the Charitable Contributions) the size of which is determined by auction results (hereinafter - the Beneficiaries) ;
2.4.7. Is entitled to require an auction participant to provide a copy of the state registration certificate of a legal entity (or of a document equivalent to it), a state registration certificate of sole proprietor and / or of an identification document in case of doubt as to the authenticity of the information provided by an auction participant upon registering.
2.4.8. Every six months provides the administrator of the national domain zone a report on the results of auctions held during the reporting 6 months (up to July 31 - the first half of the reporting year, and up to January 31 - the second half of the reporting year).
2.5. The Committee:
2.5.1. Checks the timeliness, completeness, legality, and compliance with the present Regulations of the Organizerʼs actions on carrying out an auction;
2.5.2. Makes decisions on deprivation of the right to participate in auctions for the participants who violated the present Regulations on the grounds indicated in paragraph 7.2 of the present Procedure;
2.5.3. Resolves disputes concerning the procedure of auction organization.
2.6. The Committee is entitled to make decisions by absentee voting (including through polling the Committee members by email) or by voting in person.
2.7. The Committeeʼs decision is made by a simple majority of votes. In case of a tie of votes the chairperson of the Committee has the deciding vote. The Committeeʼs decision is recorded in a protocol, which is then approved by the chairman of the Committee.
2.8. The notification about holding an auction shall be published in the mass media in the order established by the current legislation and shall contain as follows:
2.8.1. Information about the type and the object of an auction (stating that domain names that were excluded from the registry are the object of an auction, and making reference to an online resource where a complete catalogue of domain names is listed);
2.8.2. Date, time, procedure of an auction, the online resource where an auction is held;
2.8.3. Registration procedure for auction participants;
2.8.4. Initial price of an auction object and the bid increment;
2.8.5. Information about the Organizer, including contact email address and telephone number of the Organizer and of the Auction Committee;
2.9. Information about the declared auction and the auction object is placed on the Internet resource http://auction.cctld.by .
2.10. Announcement of cancelling the Auction is placed on the Internet resource http://auction.cctld.by.
3. The procedure of determining domain names excluded from the registry to be auctioned.
3.1. Domain names, excluded from the registry, are included in the auction list according to the following procedure: every month the organizer makes a list of domain names that are object of the auction and publishes it on the Internet resource auction.cctld.by not later than on the day of the auction. An auction list includes domain names that were removed from the registry by the technical administrator of the national domain zone according to the Paragraph 9 of the Instructions on the procedure of registration of domain names in the space of hierarchical names of the national Internet segment (hereinafter - the Instruction) and also domain names that were removed from the registry according their due date.
3.2. If a domain name was an object of an auction at least twice, but not a single bid was made, the technical administrator removes this domain name from the auction, making it available for registration on general basis.
3.3. The Organizer is entitled not to include in the list of the auction domain names identical or confusingly similar to the known names of registered means of individualization of turnover participants, goods, works or services (hereinafter – the means of individualization), and domain names containing words or phrases that do not meet the generally accepted moral and ethical standards, incite ethnic hatred, advocate violence, cruelty and other acts prohibited by the laws of the Republic of Belarus. At the same time the organizer of the auction does not take responsibility to verify all domain names to be auctioned, for their similarity to existing means of individualization. Participants and winners of the auction are subject to Paragraph 8 of the Instructions meaning that the applicant should avoid names that match the names of registered means of individualization if the applicant is not their owner when choosing a domain name.
3.4. Domain names confusingly similar to the registered means of individualization are offered for registration to the owner of the means of identification after the official presentation of documents confirming ownership rights.
3.5. If the owner of means of individualization that is identical or confusingly similar to a vacant domain name presents documents confirming priority rights to register this domain name and within thirty (30) calendar days from the date of presenting documents to the organizer does not conclude a contract on registering this domain name, the domain name can be put up for auction in the general order.
4. The procedure of determining the domain names included in the auction list at the priority registration.
4.1. The list of domain names for auction at the priority .бел domain registration is compiled by the technical administrator of the national domain zone in agreement with registrars.
4.2.If a domain name was an auction object at least twice, but not a single bid was made, the technical administrator removes this domain name from the auction, making it available for registration on general basis.
The list of domain names auctioned during the priority registration of ".бел" domain zone can be supplemented by any domain that is available for registration and proposed by any of the interested parties. Requests for a charity auction for the domain name in the “.бел” domain zone are directed to the interested parties during a period of time determined by the Organizer, through the selected registrar or through the application form on the Internet resource http://auction.cctld.by.
5. The procedure of holding an auction and presentation of its results.
5.1. Auction is held on the Internet resource http://auction.cctld.by. For each domain name that is put up for auction the bidding form is placed allowing auction participants to bid.
5.2. A list of domain name registrars who have expressed a desire to conduct the registration of domain names on the auction results, and links to online resources of these registrars is published on the Internet resource http://auction.cctld.by.
5.3. Auction participant has the opportunity to bid for each domain name listed on the site starting from the date of the auction. The date of the auction is the day specified in the notice of the auction. The deadline for bids is 2 days after the beginning of trading for each domain name. If during last 2 minutes before the end of the auction a bid was made, the auction will automatically be extended for another 5 minutes.
Auction participants may be legal entities and individuals, including sole proprietors, who can be both residents and non-residents of the Republic of Belarus. For participation in an auction a participant shall submit registration form on http://auction.cctld.by website. Persons who violated the conditions of this Regulation, including the winner of the auction who did not pay a charitable contribution to the beneficiary and / or a domain name registration fee may be deprived of the right to participate in future auctions by the Committee.
5.5. The minimum auction price offered by a participant that qualifies the auction as held is set as follows:
5.5.1. at the auction at a priority domain name registration:
the starting price in the amount of a triple cost of a standard domain name registration fee + 5%;5.5.2. at the auction for the right to register a domain name that was excluded from the registry:
the starting price in the amount of a double cost of a standard domain name registration fee + 5%;
5.6. The bid increment is set at 50 000 (fifty thousand) Belarusian rubles.
5.7. If payment is made in foreign currency the exchange rate used to change the foreign currency into Belarusian rubles is that established by the National Bank of Belarus on the date of the invoice.
5.8. The auction is considered held if at least a single bid was made, including the expression of the only bidder desires to acquire the right to register a domain name at a minimal cost in accordance with subsection 5.5 of paragraph 5 of this Regulation.
5.9. The winner of the auction is the participant that made the biggest bid by the end of the auction.
6. Settlements with the auction winner
6.1. A winner receives a notification of winning an auction on the email that was submitted by the winner during registration on http://auction.cctld.by website, after this the auction winner chooses the registrar of the domain name from the number of registrars stated on the http://auction.cctld.by website, and concludes a contract on registering the domain name.
6.2. The winner of the auction requests the selected registrar to provide accounts on the basis of which the winner shall be invited to fill out a registration form on the website of the selected registrar and conclude an agreement in the manner prescribed by the relevant registrar. After this the auction winner is sent an invoice on domain name registration for the benefit of Registrar and a proposal to pay a charitable contribution in the amount of the auction winning bid (minus the cost of domain name registration fee) to the account of one of the beneficiaries.
6.3. Charitable contribution shall be paid by the winner within 5 calendar days after the end of the auction.
6.4. The winner of the auction directs to the registrar a copy of the payment documents confirming the payment of charitable contribution and services fee for domain name registration (by mail, fax, email (scanned copy) or any other means as agreed with the registrar).
6.5. The registrar verifies the payment of the charitable contribution and the services fee, and after this registers the domain name that was the object of the auction on the name of the winner or the name of a third party indicated by the winner in the registration form by means of introducing to the registry the data indicated by the winner.
6.6. Other conditions for domain name registration, which was the subject of the auction, are regulated by the laws of the Republic of Belarus and the terms set forth on the website of the corresponding registrar.
6.7. The registrar that registered the domain name within 10 calendar days after the end of the auction sends to the Organizer a summary report with copies of payment documents confirming that the auction winner paid the charity contribution to the beneficiary.
7. Consequences of winner’s refusal to pay the charitable contribution and the domain name registration fee
7.1. If within 5 calendar days after the end of the auction the relevant registrar will not receive information confirming that the auction winner paid the charitable contribution and/or if the winner does not submit a registration form and pay the domain name registration fee, the results of the auction shall be cancelled and the domain name is put up for next auction.
7.2. The winner who has not paid a charitable contribution to a beneficiary, can be deprived of the right to participate in further auctions for a period of 1 year, in addition to this, at the request of the organizer this winner can be obliged to reimburse the costs of the auction, as well as to pay for a fee (fine, penalty), stipulated in a public contract.
8. Settlement of an auction-related disputes
8.1. Disputes concerning Auctions are considered by the Committee within 30 calendar days after the receipt of a written application of the person concerned.
8.2.In order to obtain additional information, the applicant and other individuals who may be interested in the outcome of the dispute may be invited to the examination of the dispute, but the appearance by the applicant and other individuals who may be interested in the outcome of the dispute is not mandatory.
8.3. The results of a dispute settlement are recorded in a protocol of the Committee.
8.4. The Committeeʼs decision on the dispute may be challenged in court.