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General contracting conditions for the domain brokerage service

Domain negotiation service (Dominio.com.es LLC)

 

1. General conditions

 

By accepting these general contracting conditions, the client agrees with the terms established Dominio.com.es LLC for the formalization of a domain negotiation contract from Internet.

2. Domain negotiation for the seller

 

This contract shall be deemed to have been entered into only when Dominio.com.es LLC expressly accept an offer of contract (“request”) made by the seller. The seller will exclusively order Dominio.com.es LLC negotiating the sale of an exclusive domain name. the work of Dominio.com.es LLC will find a buyer for the domain name under negotiation.

 

2.1 Seller's request

 

In his request, the seller will inform Dominio.com.es LLC of all relevant data for the sale of the domain. Dominio.com.es LLC will determine the relevant data, which will be requested electronically during the application process. 

 

2.2 Examination of the application

 

Once the request is received, Dominio.com.es LLC review it and, within a reasonable time, generally within one business day, decide whether to accept or reject it. The seller will be informed by email about the acceptance or rejection of your request. With the notification of acceptance, the negotiation contract will be deemed to have been concluded. The seller is obliged to guarantee at any time the availability of the mailbox of the email account that he indicated in his customer account with Dominio.com.es.

 

2.3 Written confirmation

 

Periodically and in the case of high-value intermediations,Dominio.com.es LLC By means other than email, it will send the seller full or partial copies of the contract conditions. The seller agrees to sign them and send them again.

 

2.4 Obligations of the seller

 

2.4.1 Authorization to enter into contracts

 

The seller authorizes Dominio.com.es LLC to enter into sales contracts up to the minimum price established by him during the application process or after it.Dominio.com.es LLC will act as a representative on behalf of the seller.

 

2.4.2 Exclusivity

 

The seller undertakes not to make use of the services of another intermediary for the sale of the domain name object of the transaction during the duration of the contract. Likewise, it undertakes to prohibit any trading activity by third parties. In case of breach of these obligations, the seller will have to indemnify Dominio.com.es LLC either for the value of the lost commission or pay a conventional penalty for the value of 2,000 euros, at the discretion of Dominio.com.es LLC. The commission will be calculated from the sales price actually obtained by the seller.

 

2.4.3 Modification of the minimum price

 

Prior to entering into a sales contract, the seller may, at any time and through written communication to Dominio.com.es LLC, reduce the established minimum price. The unilateral increase of the minimum price will not be allowed.

 

2.4.4 Information

 

The seller will authorize Dominio.com.es LLC to consult the third-party documents that are necessary to carry out the transaction and undertakes to make copies of its own documents available (domain visit statistics, etc.) during the duration of the contract, in case this is necessary . Dominio.com.es LLC will collect the referred data only after consultation with the seller.

 

2.4.5 Rights of third parties

 

The seller expressly guarantees that the domain name object of the negotiation and/or its use do not violate the rights of third parties, in particular, the existing rights regarding the name of a business name, a name or a brand. The seller is responsible for such verification. The seller will exonerate Dominio.com.es LLC in full from any claims by third parties, which are based in particular on the trading activity carried out with respect to the domain name.

 

2.5 Obligations ofdomain.com.es LLC

 

2.5.1 Negotiation activity (sale of domains)

 

Dominio.com.es LLC undertakes to act in the interest of the seller immediately after the conclusion of the contract and to study the opportunities that arise for the conclusion of a sales contract.Dominio.com.es LLC will try to find a buyer for the domain name that is intended to be sold.Dominio.com.es LLC will make every effort to inform the seller of the status of the negotiations.

 

2.5.2 Vendor information

 

Before entering into a sales contract,Dominio.com.es LLC will consult with the seller and inform him about the conditions negotiated with the person interested in the domain.

 

2.6 Commissions and fees

 

In the event that, by negotiating Dominio.com.es LLC, if a sales contract is formalized for the domain name that is the subject of the negotiation, the seller is obliged to pay the corresponding negotiation commission Dominio.com.es LLC. 10% in this case based on the final price of the domain. The payment of said commission must be made to the bank account of Dominio.com.es LLC

 

2.7 Duration of the contract

 

The negotiation contract with the seller will have a duration of six months, counted from the date of the execution of the contract. The contract will be tacitly extended for a period of three months unless otherwise notified at least 2 weeks before the expiration date. Notification of the will to terminate the contract must be made in writing by email. All of this is without prejudice to the right to extraordinary termination of this negotiation contract for breach thereof by any of the parties.

In case ofapplication domain purchase

3. Domain negotiation for the buyer

 

This contract shall be deemed to have been entered into only when Dominio.com.es LLC expressly accept an offer of contract (“application”) made by the buyer. The buyer will exclusively order Dominio.com.es LLC negotiation in the purchase of a domain name. the work ofDominio.com.es LLC will be to get in touch with the owner of the domain name that is the subject of the negotiation and promote its sale.

3.1 Buyer's request

 

In his request, the buyer will inform Dominio.com.es LLC of all relevant data for the purchase of the domain.Dominio.com.es LLC will determine the relevant data, which will be requested electronically during the application process.

 

3.2 Review of the application

 

Once the request is received, Dominio.com.es LLC will review it and, within a reasonable period of time, generally within two business days, decide whether to accept or reject it. The buyer will be informed by email about the acceptance or rejection of his request. With the notification of acceptance, the negotiation contract is deemed to have been concluded. The buyer is obliged to guarantee at any time the availability of the mailbox of the email account that he indicated in his first email.

 

3.3 Written confirmation

 

In the case of high-value intermediations,Dominio.com.es LLC may send the buyer by other means than email full or partial copies of the contract conditions. In this case, the buyer agrees to sign them and send them back to Dominio.com.es LLC

 

3.4 Obligations of the buyer

 

3.4.1 Authorization to enter into contracts

 

The buyer will authorize Dominio.com.es LLC to enter into sales contracts up to the maximum price established by him during the application process or after it. Dominio.com.es LLC will act as representative on behalf of the buyer. 

 

3.4.2 Exclusivity

 

The buyer undertakes not to use the services of another intermediary for the purchase of the domain name object of the transaction during the duration of the contract. Likewise, it undertakes to prohibit any trading activity by third parties. In case of breach of these obligations, the buyer will have to indemnify Dominio.com.es LLC, either for the value of the lost commission, or pay a conventional penalty for the value of 2,000 euros, at the discretion of Dominio.com.es LLC. The commission will be calculated from the sale price actually paid by the buyer.

 

3.4.3 Modification of the maximum price

 

Prior to entering into a sales contract, the buyer may, at any time and through written communication to Dominio.com.es LLC, increase the established maximum price. The unilateral reduction of the maximum price will not be allowed.

 

3.4.4 Rights of third parties

 

The buyer expressly guarantees that the domain name object of the negotiation and/or its use do not violate the rights of third parties, in particular, the existing rights regarding the name of a company name, a name or a brand. The buyer is responsible for such verification. The buyer will exonerate Dominio.com.es LLC in full from any claims by third parties, which are based in particular on the trading activity carried out with respect to the domain name.

 

3.5 Obligations of Dominio.com.es LLC

 

3.5.1 Negotiation activity (Purchase of Domains)

 

Dominio.com.es LLC undertakes to act in the interest of the buyer immediately after the conclusion of the contract and to study the opportunities that arise for the conclusion of a contract of sale. Dominio.com.es LLC will make every effort to inform the buyer of the status of the negotiations.

 

3.5.2 Anonymity

 

Until the conclusion of the contract of sale, Dominio.com.es LLC will maintain the anonymity of the buyer before the owner of the domain and / or their representatives.

 

3.5.3 Buyer information

 

Before entering into a sales contract, Dominio.com.es LLC will consult with the buyer and inform him about the conditions negotiated with the owner of the domain. In the event that this consultation hinders the conclusion of the sales contract and the terms of the contract comply with the conditions of the authorization (see point 3.4.1), Dominio.com.es LLC may enter into the contract without making such consultation.

 

3.6 Commissions and fees

 

The buyer will makeDominio.com.es LLCa one-time payment for the transaction processing fee. This one-time payment will not be refunded. The single payment will be 10% of the final value of the domain. The payment of said amount must be made in the bank account of Dominio.com.es LLC after completing the purchase of the domain.  The domain purchase is understood to be completed when the buyer and seller agree to transfer both the domain and the sale or purchase price agreed through Escrow.com.es  or another intermediary such as Escrow.com

 

3.7 Duration and termination of the contract

 

The trading contract will be held for an indefinite period. At any time, the buyer may terminate the contract in writing. Dominio.com.es LLC may terminate the negotiation contract without prior notice, particularly if any of the following circumstances occur:

 

• the buyer wants to reduce the established maximum price

• The information provided by the buyer during the application process is false or has been subject to significant changes.

• the buyer does not respond to attempts to Dominio.com.es LLC to contact him (usually by email) within 10 (ten) business days

• the buyer does not respond to 3 (three) requests followed by Dominio.com.es LLC (generally made by email) All without prejudice to the right of either party to extraordinary termination of the contract for just cause.

 

4. Transfer

 

In the event that the negotiation of the domain has been carried out successfully, the transfer of the domain will be carried out in the first instance throughEscrow.com.es, failing that, through the means established by the parties andDominio.com.es LLCwill appear as an intermediary or broker in the process. 

 

5. Use of data for commercial or advertising purposes 

 

Dominio.com.es LLC will not provide the personal data of the seller and / or the buyer to other entities except those whose action is necessary for the fulfillment of the contract. However, it will reserve the right to save and publish anonymously the domain name that is the object of the negotiation and the price obtained. The buyer and the seller may oppose the publication. In the event of opposition and due to the increase in administrative procedures generated, the opposing party must pay an additional fee, which will be calculated by applying a percentage based on the purchase price obtained. The calculation of the rate will be made based on the updated price list of Dominio.com.es LLC

6. Confidentiality

 

The contracting parties undertake to maintain the strictest confidentiality. The information exchanged between the parties as confidential information, in particular, domain statistics, may be used exclusively for the fulfillment of this contract and the successive businesses related to it. The transmission of said information to third parties is prohibited. Neither employees nor members of the board of directors or partners of the contracting parties will be considered third parties, provided that they are informed of the obligation of confidentiality and undertake, in turn, to treat this information confidentially and not to use it. for purposes other than those stated here.

 

7. Final provisions

 

7.1 Applicable law, place of performance and jurisdiction

 

The contractual relationship between the client and Dominio.com.es LLC will be governed in accordance with Spanish and US laws on corporate responsibility.

 

The place of performance is (Spain), provided that the client is an individual entrepreneur.

As long as there is no exclusive jurisdiction, the courts of Tafalla will be competent for all disputes resulting from the contractual relationship. 

 

7.2 Modification of the contracting conditions

 

Dominio.com.es LLCmay, at any time, complete or modify these contracting conditions. Contractual extensions or modifications will be communicated to the client by email or by post. If the client does not oppose said extensions or modifications within six weeks of their notification, they will be considered accepted and will become an effective part of the contract. In the event that the client expresses his opposition to them within the indicated period,Dominio.com.es LLC You can terminate the contractual relationship with the customer and block your customer account.Dominio.com.es LLC undertakes to warn the client specifically of this legal consequence when notifying the new wording of the contracting conditions.

 

7.3 Ineffective clauses

 

In the event that a clause of the contract or a clause of the general contracting conditions were or became totally or partially ineffective, this will not affect the effectiveness of the rest of the contract or the general contracting conditions.

 

Terms general issued on 1/14/2019, last edition: 29/12/2022 

Document under Copyright of Dominio.com.es LLC

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