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1.
Definitions
1.1 Website www.thedomainmart.com and / or
www.thedomainmart.co.uk
1.2 Domain name The domain name for which the
price for transfer of registration has been accepted by the Seller.
1.3
Buyer The new and / or proposed new registrant of the Domain name.
1.4 Seller The Domainmart.com
1.5 Payment The funds
representing the agreed price for the Domain name.
2. The Buyer agrees to be bound by these terms and
conditions.
3. The Seller reserves the right at its entire discretion
without obligation to give reasons and without recourse to refuse any
offer.
4. These terms and conditions may be amended without notice.
5. On
acceptance by the Seller (by email) of the Buyer’s offer, the Buyer shall
transfer the Payment to the Seller within five working days.
6. When Payment
in the Seller’s account has been made, the Seller will begin the process
to transfer the registration of the Domain name to the Buyer and the Seller
shall seek to execute the documents and carry out all acts within its control
as soon as reasonably possible, but shall not be liable for any costs or losses
if any arising from any delay of any sort including but not limited to postal
delays and loss of documents in transit.
7. The Buyer agrees to provide
correct and accurate information required for the transfer, execute all
documents and carry out the acts necessary to effect the transfer, as soon as
reasonably possible.
8. Unless otherwise agreed in writing the Buyer will be
responsible for any other costs which may be associated with the transfer of
the Domain name, including payments to the relevant Registry or authoritative
body associated with domain name registrations of any fees arising out of the
transfer of the Domain name.
9. The Buyer agrees that the Seller shall not
in any way be held liable or responsible for any delays, errors, omissions or
other acts by the relevant Registry or authoritative body associated with the
transfer of registration of the Domain name including failure to transfer,
delays in transfer, suspension or revocation of the Domain name or for the loss
of the Domain name or for the use of the Domain name by any third party.
10. When the Seller has executed the documents required on its part for the
transfer of the Domain name to the Buyer, the Seller shall no longer be held
responsible for the maintenance of the Domain name which includes but is not
limited to provision of the primary and secondary server addresses. Temporary
facilities may be arranged if agreed in writing between the Seller and the
Buyer.
11. The Buyer accepts that the Seller cannot provide guarantees nor
does it give any warranty of any sort that the Domain name may be freely used
by the Buyer or about whether the use of that Domain name infringes the
trademarks, intellectual property rights or the rights of any individual or
party. The Buyer hereby confirms that in transferring the registration of the
Domain name the Buyer has relied entirely on the Buyer’s own enquiries and
not on any representation express or implied given by or on behalf of the
Seller.
12. The Buyer agrees to fully and effectively indemnify the Seller
and keep indemnified the Seller against any and all costs, claims, losses,
expenses, damages, legal and professional fees and any liability as a result of
the infringement of any trademark, copyright or any claim whatsoever based on
the sale, transfer to the Buyer, registration or use of the Domain name by the
Buyer.
13. In no event shall the liability of the Seller to the Buyer or to
any third party in connection with or arising out of these terms and conditions
exceed the amount paid for the Domain name purchased by the Buyer and where the
Domain name is part of a set or sets, the amount paid for the Domain name in
proportion to the amount paid for the set or sets.
14. This agreement shall
be governed by English Law and the Buyer agrees to submit to the exclusive
jurisdiction of the Courts of England.
Nominet UK Terms |
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