Offers are to contain the purchaser’s identity.
Offers are to contain the domains to be purchased including the endings such as .com, .net etc.
Offers are to contain the price in American dollars to be paid to the seller for each domain.
Offers are to contain the email address which: a. the seller is use to send communication of acceptance or other communications; b. will be used by the purchaser with the escrow company; and c. will be used by the purchaser with godaddy.com to receive the purchased domains via godaddy’s “account change” process https://ca.godaddy.com/help/move-a-domain-to-another-godaddy-account-822 to “push” domains between accounts at godaddy or to receive the domain from another registrar if the seller holds the domain with another registrar.
Seller has the right to accept, or not accept, any offer regardless of offered price or other factor.
The seller is to communicate acceptance by email, expressly stating that an offer is accepted, sent to the email address specified for communication of acceptance in the offer. What if fraudster sends accepting email appearing to come from me?
The escrow.com website will be used to hold the purchase funds during the transaction.
Purchaser is to provide to the seller, the purchaser’s registrar, escrow.com, and the seller’s registrar all information requested to complete the transaction.
If the purchaser does not have a godaddy.com account in which the purchaser would like to receive the purchased domains, then the purchaser shall open a godaddy account in which the purchaser would like to receive the purchased domains.
The purchaser must provide to the seller the purchaser’s godaddy account number and the email address used by the purchaser to create the purchaser’s godaddy account. This must be the same email address as referred to above to be used with the escrow company and godaddy. This email address and account number are needed to facilitate the transfer via the godaddy.com account change process: https://ca.godaddy.com/help/move-a-domain-to-another-godaddy-account-822
The purchaser must confirm to godaddy.com the domain name move within 48 hours of godaddy sending notification of the domain name move to the purchaser. The process for accepting the domain account change is described at: https://ca.godaddy.com/help/accepting-domain-account-changes-1670
If the seller holds the purchased domain(s) at a registrar other than godaddy, then the purchaser will provide all information requested to facilitate the transfer from that registrar to the purchaser’s registrar and will take all reasonable steps necessary to facilitate the transfer.
If the purchaser does not confirm to escrow.com receipt of each transferred domain within 24 hours of the domain being transferred to the purchaser, then Seller may have escrow.com begin the inspection period.
Purchaser is to transfer the entire purchase price to escrow.com within 4 days of the seller sending communication of acceptance to the email address specified in the offer for communication of acceptance.
Upon the escrow company receiving the full purchase price from the purchaser and notifying the seller of the receipt of those funds in escrow, the seller is to promptly make a reasonable effort to transfer the domains to the purchaser.
Once purchased domains are transferred to purchaser, then all funds transferred by purchaser to escrow, for the purchase of the transferred domains, are to be paid to seller.
If the seller is unable, after reasonable efforts, to transfer any purchased domains to purchaser, then, unless the purchaser has, in the offer, specified separate amounts of the purchase price to be allocated to each domain, the purchaser shall receive a refund from escrow of the same percentage of the total purchase price as the number of non-transferred domains are of the total number of domains which were to be transferred. For example, if the price were $10,000 and 10 domains were to be purchased, and 8 domains were transferred and 2 domains were not transferred, then the purchaser would be refunded $2,000 from escrow and the seller would receive $8,000 from escrow. If the purchaser considers more value to be in one or more domains purchased than in other domains purchased, the purchaser must provide in the offer a list of the domains being purchased indicating the amount of the total purchase price being allocated to each domain being purchased.
Other than an obligation to make a reasonable effort to transfer the domains purchased, the seller acquires neither duties nor liabilities in this transaction.
This sale is of only the domain names. Neither websites nor hosting are included in the sale.
No request for the return of purchased domains or sale price will be accepted.
Neither duty nor liability arises for the seller from the seller transferring domains to purchaser.
Neither duty nor liability arises for the seller from the seller not transferring domains to purchaser.
The absence of duty and liability of the seller exists regardless of any cause of failure to transfer the domains including, without being limited to: a. technical difficulty; b. claims made by any party to this agreement, or by any other party, to one or more domains; and c. the threat or occurrence of any legal, administrative or other procedure relevant to the domains or purchase money.
Seller neither has nor acquires duties or liabilities for any matter affecting this transaction and the domains including, without being limited to: a. Trademarks, copyrights, or other intellectual property rights, whether or not registered; b. claims to the domains; and c. prior uses of the domains.
The purchaser is solely responsible for investigating and determining the desirability of purchasing the domains including, without being limited to: a. trademarks whether or not registered; b. claims to the domains; and c. prior uses of the domains.
The purchaser's only remedy relating to this agreement is the return of the purchase money paid to escrow or an order from an arbitrator for the seller to promptly make a reasonable effort to transfer the purchased domains to the purchaser, and the seller's prompt reasonable effort to transfer the domains thereafter.
Any and all disputes relating to this agreement will be resolved, initially via attempted mediation performed by the Mennonite Central Committee created Mediation Services http://mediationserviceswpg.ca located in Winnipeg Manitoba, Canada and, if mediation fails to resolve the dispute, then via arbitration with an arbitrator named by the same Mediation Services organization. Neither the purchaser, nor the seller, may pay more than $1,000 Canadian dollars toward the cost of mediation and arbitration.
The purchaser agrees to release, indemnify, save and hold harmless the seller from all losses, claims, demands, duties, liabilities, causes of action, or expenses, known or unknown, relating to any purchased domain arising from or after the transfer or non-transfer of each purchased domain.
The seller in this agreement is Havenport Incorporated, a corporation incorporated in the Province of Manitoba, Canada.
The purchaser in this agreement is the purchaser named in the offer submitted pursuant to the terms of this agreement.
All of the terms and conditions of the sale are shown in this agreement and any purchase and sale creates only the rights and duties specified in this agreement.
By submitting an offer to purchase one or more domains from Havenport Incorporated, the purchaser agrees to these terms and conditions of this agreement.