Backorder Services Schedule

This Backorder Services Schedule (the "Backorder Schedule") is governed by and subject to the Master Service Agreement or the Reseller Agreement between Hexonet ("Service Provider") and the customer ("Customer") (the “Agreement”). Subject to the terms and conditions of the Agreement, Service Provider will provide to Customer the Backorder Services as described below. Customer agrees to the terms of this Backorder Schedule and agrees to pay the fees as provided in this Backorder Schedule for the Services included in this Backorder Schedule. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement or, as applicable, in Service Providers’ Registration Agreement (“Registration Agreement”) or the Schedule entered into by the Parties for R&M Services in connection with Agreement (the "R&M Schedule").

Preliminary Remark:

Customer and Service Provider agree that Customer can use the Backorder Service as described for its end customers through Service Providers service.

A: Terms of the Service

1. Definitions.

Backorder System: A dedicated system built with the purpose of monitoring the expiration dates of domain names and maximizing the chances of registering previously registered domain names as close as possible to the time the domain is released for registration by the Registry.
Backorder: A request to monitor a domain that is currently registered by a third party and attempt to register it on behalf of the customer in case it is deleted and then released for registration by the Registry.
Lite Backorder: A variation of Backorders, available only for certain TLDs and processed with lower priority than regular Backorders.
Backorder Fee: The cost of processing a Backorder, as indicated in the Pricelist. The Backorder fee includes the Registry fee for the first year of registration of the domain name object of the Backorder.
Valid Backorder/Lite Backorder: A Backorder/Lite Backorder for which all required information has been provided and for which Service Provider was able to reserve a deposit by the Finalization Date. The Backorder system will only attempt to register domains for which at least one valid Backorder/Lite Backorder exists.
Finalization Date: The finalization date is the last deadline until which new Backorders/Lite Backorders for the domain in question or cancellation of existing Backorders will be accepted. The “Finalization Date” is visible in the pending delete lists available to all Resellers and also when querying backorders via API/web-interface.
Partner Registrars: A Registrar other than Service Provider through whose accreditation a Backorder is processed.

2. Obligations of the Customer

The Customer acknowledges and accepts the following terms and conditions:

Additional Terms. Registrations of domain names through the Backorder service are subject to all the terms and conditions imposed by the Service Provider and Registry for the specific extension under which the domain will be registered. This includes the Terms of Service, these Backorder terms and the Registration Agreement of the Service Provider. For certain extensions additional information about the Registrant may be required. Information regarding Registry regulations and registration requirements is available through the Service Providers wiki or knowledge base as well as on the websites of the respective Registries. Where Customer is also the end customer, these terms apply directly.
Obligation to ensure consent. It is the sole responsibility of the Customer to ensure that:
1. the end customer has accepted all policies, agreements and terms applicable to the Backorder service as detailed under section 2.a.;
2. all information required to process the order and register the domain name is accurate and it is provided to Service Provider by the Finalization Date; and
3. the end customer acknowledges and agrees that the Service Provider shall be authorized to act as designated agent with regard to the management of the backordered domain name.
Finalization Date effect. Service Provider will not accept any new order, nor any modification or cancellations of existing orders on or after the Finalization Date for the domain name requested.
Backorder fee reservation. Three (3) days before the Finalization Date, Service Provider may reserve funds equal to the backordering fees for the requested domain in the Reseller’s account (as described in the Backorders’ price list). In case the Reseller account does not hold enough funds to cover the backorder fee, Service Provider may continue to try to reserve the funds until the Finalization Date.
Cancellations. Backorders may be cancelled up until the Finalization Date. Funds already reserved in the Customer's deposit will be unlocked and made available for other operations automatically upon cancellation.
Failure to reserve fees. Service Provider will only process backorders for which it was possible to reserve funds in the Reseller account by the Finalization Date. It is the Customer sole responsibility to collect payment for the Backorder fees from the end customers.
No liability. Service Provider takes no responsibility for damages/losses to end customers deriving from the failure of Customer to provide all information required to process the order and/or to cover the cost of its backorders.
Processing. Once a Backorder is processed, it is considered completed no matter the outcome. Should the Customer and/or the end customer wish to backorder the same domain name again, a new order should be submitted.
No guarantee. Service Provider will make all reasonable efforts to secure the domain name object of the Backorder, but the success of such efforts cannot be guaranteed.
Partner Registrars. In order to maximize the chances of success, the Backorder System may also rely on Partner Registrars to process the registration orders associated with a Backorder. Domain names that are successfully backordered through a Partner Registrar will be available for Customer to manage through the Service Provider user interface. Partner Registrars may need to communicate with the Registrant of Backordered domain names directly and require them to accept their registration agreements in order to fulfil their obligations towards ICANN and/or the respective Registries.
Deposit release. Once Backorders for a specific domain have been processed in the Backorder System, Service Provider will release the reserved part of the Customer deposit. In case the Backorder was successful, Service Provider will charge the Customer account for an amount corresponding to the Backorder Fee for each domain name successfully backordered and place the domain name in the Customer’s account.
Auction. In case the Backorder System successfully registers a domain name for which multiple valid Backorders have been submitted, an auction among all prospective registrants that submitted valid Backorders will take place through a Partner Auction portal. The Customer shall inform the end customer of the auction process:
1. The end customer will receive an invitation via email to register on the Partner Auction Portal (premiumsale.com, et al) and join the auction. The end customer should make sure to whitelist the domain premiumsale.com in his email account settings in order not to miss important communications.
2. Participation in the auction is subject to the Terms and Conditions of the Auction Provider. The end customer must accept these terms when registering their account on the Auction Portal.
3. The winning bid of the auction shall determine which of the multiple orders will be completed successfully.
4. The fees paid to the auction provider do not cover the cost of the backorder itself, which need to be paid to the Service Provider by the Customer that submitted the order on behalf of the winning bidder.
5. Upon completion of the auction and following the confirmation from the Auction provider that payment of the Auction fees was received in full, Service Provider will charge the Backorder Fee for the domain name to the Customer account corresponding to the winning bidder, place the domain name in the Customers’ account and enter the end customer as Registrant of the domain name. Customer is responsible to ensure that the account is sufficiently funded to cover the Backorder Fee.
6. In case an auctions ends without any bids from any of the registered participants, the domain is assigned to the customer whose Backorder was received first, based on the creation date associated with the Backorder in the Backorder system.
Direct assignment. For domain names under extensions for which Registry policies prohibit auctions, the domain name is assigned to the Backorder that was received first, based on the creation date of the Backorder in the Backorder system.
Lite Backorder. Service Provider may offer the possibility of submitting Backorders as “Lite Backorder” in certain extensions. Customer acknowledges and accept that:
1. Lite Backorders are processed with a lower priority than regular Backorders.
2. In case one of more Backorders exists for the same domain object of a Lite Backorder, the Backorders will always take precedence.
3. In case multiple Backorders are received for the same domain object of one or more Lite Backorders, only the customers that submitted regular Backorders will be invited to the auction.
4. In case multiple Lite Backorders are received for the same domain, and the domain has no valid Backorder requests, the domain is assigned to the Backorder-lite that was received first, based on the creation date associated with the Backorder-lite in the Backorder system.