Domain Transfer Terms
The following is the standard terms of sale of domain names by Hey.co.uk Limited. All aspects of the terms are in force unless where written agreement by both parties states otherwise.
The Seller = Hey.co.uk Limited or owner of the indicated domain name.
The Buyer = The purchaser as defined by the agreement.
The Domain Name = The domain name only, and explicitly excluding yet not limited to; all web content currently situated at the domain name, any links to or from the website, any email addresses, goodwill existing towards the domain name, hosting accounts or services.
The headings in these terms are for ease of reference only and shall not affect the construction or interpretation of the terms.
References in these terms to any statute or statutory instrument shall include any re-enactment, modifications or amendments thereto for the time being in force.
In these terms, unless the context otherwise requires, words importing the singular number include the plural and vice versa, words importing a gender shall include all genders and words importing persons shall include un-incorporated associations and partnerships and any entity with legal standing.
The Seller sells and transfers to the Buyer the Domain Name and in doing so assigns its rights and title to the Domain Name to Buyer. The Buyer accepts the assignments.
The Seller and Buyer agree that this transaction shall be deemed to have been completed upon a successful transfer of the Domain Name to Buyer, followed by the receipt of the agreed purchase price to the Seller.
The Seller shall undertake any reasonable acts within its responsibility necessary in order to complete the recording of the transfer of the Domain Name to the Buyer with the registering body.
The Seller authorises the Buyer to undertake all reasonable acts necessary to complete the transfer and the recording of the transfer of the Domain Name with the registering body.
The Seller guarantees that, to the best of his knowledge, the Domain Name is valid and in force, and that no third party has any right or title to the Domain Name at the time of this transaction.
Seller further guarantees that, to the best of his knowledge, the Domain Name does not infringe third party rights that may prevent, impair or otherwise interfere with the unrestricted use of the Domain Name by Buyer.
The Seller guarantees, that the rights to the usage of the Domain Name have always been defended by Seller since the Domain Name was acquired by Seller, and that in no way has Seller granted any rights or tolerated the usage of those to third parties concerning identical designations.
The Seller will assign all rights, title and interest in and to the Domain Name to the Buyer, including without limitation:
– all statutory, common law and (subject to the consent of the domain name registrar ) contractual rights attaching to the Domain Name; and
– the right to sue for and obtain injunctive relief, damages and all other relief in respect of any infringement or misuse (whether past, present or future) of the domain name.
The Buyer shall undertake any reasonable acts within its responsibility necessary in order to complete the recording of the transfer of the Domain Name to Buyer with the registering body.
The Buyer authorises the Seller to undertake all reasonable acts necessary to complete the transfer and the recording of the transfer of the Domain Name with the registering body.
The Buyer agrees that, to the best of his knowledge, the Domain Name is valid and in force, and that no third party has any right or title to the Domain Name at the time of this transaction.
The Buyer agrees to receive and acknowledge all rights, title and interest in and to the Domain Name from the Seller.
The Buyer guarantees that they will not within 6 months of the transaction completion, transfer, lease or allow use of the domain name by another body, individual or organisation other than those declared by the Buyer to the Seller prior to the transaction.
The Buyer agrees to keep the existence and nature of these terms and any associated agreement and any discussions between the Buyer and the Seller in relation thereto confidential and not to release or make any announcement, publicity statement, advertisement or any other disclosure with regard to this transaction without the prior written consent of the Seller.
For the avoidance of doubt, the Buyer shall be entitled to use the Domain Name without requiring to obtain any additional prior written consent.
The Seller hereby represents and warrants that, to the best of its knowledge, the Seller is the sole lawful owner of and has good and marketable title to the Domain Name free and clear of any and all liens and encumbrances, and that the Seller has full legal right, power and authority to sell, assign and transfer the Domain Name.
The Seller also warrants that it does not currently know of and has no reason to know of any third party claim to any right, title or use of the Domain Name. The Seller will not execute any agreement in conflict with this Agreement.
For clarity the Buyer is responsible should the domain name be revoked, or cancelled for any reason by the registering body following the transaction conclusion.
The Seller confirms they are not, at the time of this sale, aware of any reason for this to occur.
Following the successful transfer of the domain name ownership a single Registrar change may be requested by the Buyer eg. changing of the domain names IPSTAG . The Seller will enact where it is possible the Registrar change within 30 days of the request.
If the Buyer is more than 90 days late on fulfilling any aspect of the transaction the transaction will terminate and the Buyer will retain any payments made up to the date of termination. The Seller will retain full ownership of the domain name.
These terms will be binding to the Buyer and the Seller and their heirs and successors.
These terms will not be construed to be creating a partnership, joint venture or the like between the Buyer and the Seller.
This Agreement shall be governed by and constructed in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
If any part of these terms become void or unenforceable, this shall not affect the remainder of the terms
Any violation of these terms unless otherwise agreed in writing may result in the transfer being revoked and legal action taken.
We reserve the right to cancel the sale of the domain name at any stage should a violation of any of the above terms become apparent.
End of Document.
These domain sales terms are copyright Hey.co.uk Limited 2007. Please do not use this text in an unauthorised manner. Please contact us for further information.