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[Domain Names Head Office] [Terms of Contract for the Purchase and Sale of Domain Names]

In instructing Domain Names Head Office (known herein as "DNHO") to sell and/or buy domain names on their behalf, the seller and buyer hereby instruct and agree to the following:

That DNHO acts purely as an agent for and on behalf of the buyer and seller, and unless specifically amended in writing, DNHO may not sell or dispose of any name:

  1. for less than US$500 (or Reserve Price if so instructed),

  2. to any person known to DNHO, or

  3. to any organisation in which DNHO holds an interest.

That subject to conditions (i) through (iii) above, DNHO may not dispose of any name without approval by the seller, and DNHO will retain 10% of the sale price as agents commission.

Seller may withdraw (in writing) any name from sale at any time, without fee, subject to a bid or offer not having previously been listed for that name.

Buyer may withdraw a bid or offer without penalty (but not after a contract of sale has been prepared or entered into).

Buyer and seller agree that the bid and sale procedure will be as follows:

  1. Upon any bid or offer being received, DNHO will display that bid on the "For Sale" or "Auction" site, and we will update the site at least daily Monday through Friday,

  2. Upon the seller deciding to accept a bid, DNHO will prepare a contract of sale for signature by both parties, and will invoice the buyer for the agreed sale price accordingly,

  3. Upon completion of contract, buyer will cause payment to be made to DNHO by bank transfer, certified cheque, or other means as agreed to by DNHO. Said payment to be held by DNHO in an approved trust account,

  4. DNHO will then advise the appropriate registrar of the sale, whereupon the registrar will require confirmation and clearance on the sale from the seller,

  5. Upon confirmation from the registrar that the domain name has been registered in the name of the buyer, DNHO will allow a period of 7 days to elapse (to ensure clearance of the payment), whereupon DNHO will (within 48 hours) cause a cheque (or other means of payment as agreed) to be made to the seller, less 10% agents commission,

  6. DNHO may (without reference to the seller) list any name for sale with another broker, providing that the fees to seller as outlined above will never total more than 10%.

Buyer and Seller enter into this agreement with a full understanding that the purchase of domain names for profit is a speculative venture, and that no promises of returns or profits have been represented.

Buyer and Seller will make their own separate enquiries, and satisfy themselves with regard to any Trade Mark, Copyright, or Legal restrictions being held over the name/s being processed by DNHO on their behalf. Buyer and Seller hereby indemnify and hold harmless DNHO from any suit or claims arising thereto, and will limit any compensation sought from DNHO to the sum of US$35 (the cost of registering a new Domain Name).

Within this document, it is intended that any reference to the singular shall include the plural and/or the company or companies named in the contract of sale.

 


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