This document is no longer in force

Interim Accreditation Rules for .KZ domain registrars

Approved by the Order of
Kazakhstan Association of IT Companies
№ 26-12-A of December 25, 2008

1. General Conditions

1) These Rules establish procedure for the accreditation of Registrars of the national domain .KZ.

2) The purpose of accreditation is the selection of candidates capable of carrying out activities in support of registration of domain names in the domain space .KZ.

3) Accreditation is granted only to legal entities, residents of the Republic of Kazakhstan.

The Registrar shall have:

  • Sufficient experience for the registration and support of domain names, hosting services, providing access to Internet, etc.;
  • Qualified personnel (a list of employees with the confirmation of qualification is provided);
  • At least two DNS servers with a certain reputation (providing of domain name hosting at least 2 consecutive years);
  • A website with a description of services, procedures, registration agreement, and preferably an automated customer service system in a mode online;

4) The Registrar is guided by the rules of the address space distribution of the Kazakhstan segment of Internet and other regulations adopted in accordance with established procedure.

2. Procedure for accreditation

1) Applicant shall submit to the Registry (KazNIC) application for accreditation as a Registrar (Appendix 1).

2) When completing the Application for accreditation it is necessary to reveal item 10 "Business Capabilities" as much precise and detailed as possible.

Together with the application the following documents are required:

  • A copy of the Certificate on state registration of a legal entity;
  • A copy of the Certificate of taxpayer of RK;
  • A copy of the Certificate of registration for VAT;
  • A copy of the Confirmation of the bank on the availability of current accounts;
  • A copy of the current insurance policy (if present).

All documents must be mailed to the Registry. When applying, the applicant must obtain information of the Consensus Policies.

3) After reviewing all the documents submitted to the application for accreditation, information is transmitted to the system administrator for testing.

4) Based on test results, Registry advises of the possibility of accreditation of the Applicant or reject the application and sends it to .KZ domain administrator (Kazakhstan Association of IT-companies).

Decision on accreditation of the Applicant as the Registrar is made by the .KZ domain administrator. If a positive decision, the .KZ domain administrator issues a Certificate of Registrar's accreditation for three years.

Next is the Registry Agreement (Appendix 2) which is a standard agreement for all Registrars participating in the distributed .KZ domain name registration. Regulations of the Agreement are an integral part of the Agreement and are binding on all existing Registrars.

5) After the conclusion of the Agreement with the Registry, Registrar will become an Operational Registrar and can begin to provide domain names registration services and support to customers.

6) Non-residents who have been accredited as Registrars before the introduction of this edition of "Accreditation Rules for registrars," have until January 1, 2010 to bring their activities into compliance with new requirements. The administrator has the right to accredit non-residents as Registrars who acquired the status of the Registrar of the domain space .KZ prior to the introduction of the Rules.

7) In case of a company name change (including legal form), location of the Registrar it is necessary to notify the .KZ domain name administrator within one month and submit an application for renewal of certificate of accreditation as a registrar with the application of the documents referred to in subparagraphs 2) of paragraph 2 of these Rules.

8) In case of loss by the Registrar of the certificate of accreditation it is necessary to submit an application to .KZ domain administrator for a duplicate copy of the accreditation certificate. A duplicate accreditation certificate is issued to the Registrar within seven working days from the date of the application approval by the Administrator.

9) Administrator and Registry aim to ensure the stability of the system DNS, integrity of the registry of .KZ domain names, guarantee the rights of the registrants of .KZ domain names;

In cases when the Registrar is unable to further fulfill its obligations to the registrants or violates the rules of distribution of Domain Space in the Kazakhstan segment of Internet, the rules of a model agreement with the Registry and other regulatory documents, the .KZ domain name Administrator has the right to revoke the certificate of accreditation.

In these cases, the temporary maintenance of all domain names of the retiring Registrar is assumed by the Registry before Registrants select another Registrar among accredited.

Appendix 1

Please provide the following information on separate paper, answering each request in a numbered paragraph corresponding to the number of the question. If there is no answer available for a particular question, please indicate that fact next to the number corresponding to the question. For Section "Business Capabilities", please give the most complete answer possible, explaining all capabilities in detail, and attaching, labeling, and referencing all necessary supporting documents at the back of the application. See the Application Instructions for additional guidance.

GENERAL INFORMATION:

  1. Name and business address of entity applicant.
  2. Type of business entity (corporation, partnership, etc.).
  3. Telephone number of applicant.
  4. Facsimile number of applicant, if available.
  5. E-mail address of applicant.
  6. Name of contact person.
  7. Telephone number and email address of contact person, if different from 3. and 5., above.
  8. Internet address for your World Wide Web site.
  9. Please list (i) all directors, (ii) all officers, (iii) all relevant managers, and (iv) any persons or entities owning five percent or more of your current or proposed business entity.

BUSINESS CAPABILITIES:

10. Describe your current business capabilities or comprehensive business plan as specified below.

  • Give an overview of your current business operations or business plan. (If you are a publicly traded company, this may be done by providing a copy of your most recent annual report.)
  • What volume of registrations of SLDs do you reasonably project to be able to handle per month?
  • What management, communication, and information processing systems do you have (or propose to have) to handle your projected volume of registration business per month? Please be specific.
  • What management, communication, and information processing systems do you have (or propose to have) to promptly handle SLD holders' requests for changes in registration data? How long do you anticipate that such requests will take to execute?
  • What is your capability (or proposal for capability) for providing a reliable and readily usable daily backup and archive of all SLD holder and registration data?
  • What is your capability (or proposal for capability) for maintaining electronic copies of all transactions, correspondence, and communications with the SRS for at least the length of the registration contract?
  • What is your capability (or proposal for capability) for providing public access on a real-time basis (such as through a WhoIs service) to the data elements KazNIC has designated for all active SLD registrations you sponsor in the registry?
  • What is your capability (or proposal for capability) for providing information systems security procedures to prevent system hacks, break-ins, data tampering, and other disruptions to your operations?
  • What is your capability (or proposal for capability) for providing SLD holders with continued use of their domain names in the event you go out of business or otherwise cease to operate as an KazNIC-accredited registrar of SLDs?
  • Do you (or will you) have the capacity to engage a sufficient number of qualified employees to handle the registration, update, and customer inquiry volume you projected in question 10.b?
  • What is your capability (or proposal for capability) for ensuring that the operation of the Internet will not be adversely affected in the event you go out of business or otherwise cease to operate as an KazNIC-accredited registrar?
  • Do you have commercial general liability insurance? From what insurer? In what amount? If you do not currently have such insurance, how do you propose to obtain it, and in what amount? Please attach a current and valid certificate of insurance, if you currently hold it. If you do not currently have insurance, please attach a binder or other similar evidence of insurability (or the intent to insure) from an insurance company.
  • How much working capital do you have available for the operation of the registrar business? Is this level of liquid capital sufficient for your projected registration volume? Please attach evidence of working capital (if available, an audited statement for your most recent fiscal period is sufficient.)
  • Do you hold an existing and operational SLD, or third level domain if operating under a country code top level domain (i.e., "cam.ac.uk")? If so, please list all SLDs (or third level domains) under which you or your affiliates do business.
  • Can you meet all of a registrar's obligations under the Registrar Accreditation Agreement? If there are any provisions of the Registrar Accreditation Agreement you may not be able to fulfill, please explain the circumstances that prevent you from doing so.

11. Have you submitted to KazNIC within the past year an accreditation application or material accompanying an accreditation application that KazNIC has found to contain a material misrepresentation, material inaccuracy, or materially misleading statement? If yes, then please explain the circumstances.

12. Indicate whether (i) the applicant or any of its (ii) officers, (iii) directors, or (iv) managers:

  • within the past ten years, has been convicted of a felony or of a misdemeanor related to financial activities, or has been judged by a court to have committed fraud or breach of fiduciary duty, or has been the subject of a judicial determination that is similar or related to any of these;
  • within the past ten years, has been disciplined by the government of its, her, or his domicile for conduct involving dishonesty or misuse of funds of others;
  • is currently involved in any judicial or regulatory proceeding that could result in a conviction, judgment, determination, or discipline of the type specified in (a) or (b); or
  • is the subject of a disqualification imposed by KazNIC and in effect at the time of this application. If any of the above events have occurred, please provide details.

13. Do you give KazNIC permission to use your company's name and/or logo in its public announcements (including informational web pages) relating to registrar accreditation?

ATTESTATION OF TRUTHFUL DISCLOSURE:

By signing this application, the undersigned Applicant attests that the information contained in this application, and all supporting documents included with this application, are true and accurate to the best of Applicant's knowledge. By signing this application, the undersigned Applicant gives KazNIC permission to contact third parties, investigate, request and obtain additional information and documentation, and otherwise verify the information contained in this application. Applicant waives liability on the part of KazNIC for its actions in verifying the information provided in this application. Applicant further waives liability on the part of any third parties who provide truthful, material, relevant information about Applicant as requested in this application.

_______________________________ Signature
_______________________________ Name (please print)
_______________________________ Title
_______________________________ Name of Applicant Entity
_______________________________ Date

Please attach all answers and supporting documents to a signed copy of this application form. Please include the application fee and send directly or by courier to KazNIC Organization at the address:

Kazakhstan Network Information Center
47/2, Ilyashev str.,
Semey, 071400,
Kazakhstan

The address of the .KZ domain name Administrator:
Kazakhstan Association of IT-companies
6/5, Kabanbay Batyr Ave., of. 3
Astana, 010001
tel. +7-7172-925552, +7-7172-925411

Appendix 2

AGREEMENT with Registrar

The present Agreement is concluded on the _____ of ____________, 20__, by and between "Kazakh Network Information Centre" Institution, located at 47/2, Ilyashev Street, Semey, 071400, Kazakhstan (hereinafter referred to as "KazNIC"), and Registrar, located at _______ _________ Street, __________ _________ __________, (hereinafter referred to as "the Registrar". In the text of the present Agreement KazNIC and the Registrar are referred to either individually as "Party" or collectively as "Parties".

RECITALS

In accordance with the Agreement KazNIC is the exclusive registry for the Registrar in the Internet Top Level Domain ("TLD") known as .kz domain (hereinafter "the Domain") and assigned by the Internet Assigned Number Authority ("IANA") as the Top Level Domain associated with the ISO KZ Country Code for the Republic of Kazakhstan. In the event that the Country Code changes for any reason, KazNIC shall immediately inform the Registrar of this matter. With the purpose of further raising the competitiveness of the Domain, KazNIC and the Registrar have entered the Agreement under which the Registrar is entitled to participate in the Shared .kz Registry (hereinafter "the Registry") for the Domain and KazNIC provides registration and service of names in the Domain for the Registrar's customers.

THEREFORE, and in consideration of the mutual promises contained herein and other good and valuable consideration the receipt of which is hereby acknowledged by KazNIC and by the Registrar, the Parties AGREE AS FOLLOWS:

1. Obligations of the Registrar. The Registrar shall make reasonable efforts to procure customers for the Domain and to provide first-line customer support for the Domain customers registering through the Registrar. The Registrar shall confirm each registration by e-mail to KazNIC and to each customer, appending a copy of the completed registration on terms and conditions set by KazNIC for the use of domains. The Registrar agrees to make the customer agreement available to its customers for review and agreement prior to accepting name registration in the .kz domain, provided that the document is submitted fifteen (15) days in advance. The Registrar covenants that in dealing with customers and others, it and its employees shall represent themselves as being independent contractors and shall not represent themselves as agents of KazNIC.

2. Obligations of KazNIC. KazNIC acknowledges that the consideration for this Agreement and the benefits to the Registrar hereunder are based, in part, upon the reliance by the Registrar on the ability of KazNIC to continually exercise delegated to it by relevant authorities powers to manage the Domain. KazNIC shall cooperate with the Registrar in processing and accepting registrations secured by the Registrar. KazNIC agrees to make available to the Registrar an online method of registering, modifying and renewing .kz domain names, as well as access to facilities for searching information about currently registered .kz domain names and, to the best of its ability and as most practicable, to make these services available on a 24 hour basis. KazNIC shall not compete for registrations with the Registrar by offering lower than 3900 KZT prices to customers. If KazNIC decreases the retail price of the registrations, it shall give the Registrar at least thirty (30) days advance notice of such change, so that the Registrar may decrease its retail price commensurately. KazNIC shall not offer or agree to any arrangement with any other registrar or other partner on compensation terms more favorable than those terms applicable to the Registrar under this Agreement. Also, as part of the Agreement, KazNIC shall provide the Registrar with the .kz domain name address.

3. Payment for services. The Registrar shall pay KazNIC for services according to its invoices for registration and service 1300 KZT in case of registration of each new domain name and 1300 KZT in case of renewal of an existing registration, at least once a year. These prices do not include VAT.

4. Proprietary Rights. The Parties agree that all information with respect to registration and customers procured by the Registrar shall be the shared property of KazNIC and the Registrar. In order to insure the protection of the Domain customers, no marketing or advertising to customers shall be undertaken by KazNIC or any person or entity on its behalf, without prior written approval of the Registrar. The Registrar shall be entitled to provide customary Internet services to customers without such prior approval, including modifications, web-forwarding, web-hosting and the like. The decision to charge for such services and the level of such charges shall be at the discretion of the Registrar and sole property of the Registrar.

5. Indemnification. KazNIC shall indemnify, defend and hold harmless the Registrar from and against any claims of the registry or customers, other than claims arising from the negligent actions or omissions of the Registrar itself. The Registrar shall hold harmless and defend KazNIC from and against any claims by any third parties arising out of negligent or other wrongful actions or omissions of the Registrar under this Agreement.

6. Communication with Customers. KazNIC may freely communicate with its customers which have been registered hereunder by the Registrar, but during the period of this agreement KazNIC shall not directly communicate with such customers via e-mail or otherwise for the purpose of advertising or other promotion of services or products on behalf of third parties unless receiving prior approval of the Registrar with at least thirty (30) days notice.

7. Termination. This Agreement may be terminated by either party at any time by written notice. The Registrar, at such time, shall pay KazNIC all payments owed for accrued paid-in revenue; notwithstanding the foregoing, the Registrar will have no further obligations with regard to the present Agreement.

8. Governing Law. The present Agreement shall be governed and construed in accordance with the laws of the Republic of Kazakhstan. In witness whereof, the undersigned duly authorized officers of the Parties have signed the present Agreement on the date first indicated on its title page.

KazNIC Organization:
TaxID: 511700080047
Account: 001070471
Kazkommertsbank,
Almaty, Kazakstan
for Semipalatinsk Branch
SWIFT: KZKOKZKX
Corr.Acc.: 890-0223-057
Bank Of New York, NY,
USA
SWIFT: IRVTUS3N
CHIPS: 0001
Director: Gussev P.M.