2.1 The Terms apply to any use of the Website (through any communication service whatsoever) and to all services provided by the Contractor (for the Client), including the Auction, and to the Agreements between the Contractor and the Client, and between their legal successors, for which the Contractor has declared the Terms applicable, provided that the Terms are not explicitly deviated from in writing by the parties.
2.2 The Terms are also applicable to contracts with the Contractor, for which third parties are involved by the Contractor to carry out the Contract.
2.3 Deviations or additions to the Terms are only valid when expressly agreed to in writing by the Contractor.
2.4 The applicability of any terms of the Client is explicitly rejected. Such general terms and conditions only apply if they are accepted in writing by the Contractor.
2.5 If any provision of the Terms is invalid or annulled, the remaining provisions of the Terms remain in full force. The parties will then consult in order to agree on new provisions to replace the invalid provisions, while the purpose and intent of the original provisions are observed as much as possible.
2.6 If uncertainty exists regarding the interpretation of one or more provisions of the Terms, or if a situation occurs between parties that is not regulated by the Terms, then the situation should be judged in the spirit of the Terms.
2.7 If the Contractor does not require a continuous strict compliance with the Terms, this does not mean that its provisions do not apply, or that the Contractor to any degree would lose the right to otherwise demand strict compliance with the provisions of the Terms.
2.8 The Contractor is at all times entitled to modify the Terms. Changes will take effect within a reasonable time after they are announced, or after the Client has made use after the change of the Website and /or services of the Contractor, whichever occurs earlier.
Mission and method Contractor
3.1 The Contractor operates the Website. The Website is a platform on which the Provider can offer domain names and on which the Transferee can look up, view and obtain or rent domain names from the Provider.
3.2 The Contractor is only an intermediary who mediates in the conclusion of an agreement to transfer a domain between the Provider and the Transferee. The Contractor enables the communication between these two parties, organises the Auctions and facilitates the transfer of the domain name or the availability in case of a Rental agreement.
3.3 The Contractor is not a party in the agreement of transfer of a domain name between these parties and bears no responsibility in this respect, a part from any responsibilities as set out in the Additional agreement or the Rental agreement. The Contractor has no effect on the actual state, including the accessibility of the domain names offered by the Provider. The Provider and the Transferee should resolve all disputes between themselves. When requested the Contractor can be a facilitating party that can provide both the Provider and the Transferee advice and support to a certain extent in solving disputes.
3.4 Between the Provider and the Transferee an agreement will be initiated when either the Provider or Transferee has accepted the last offer made by the Transferee or Provider on the domain name of the Provider. When a Transferee offers initiates a purchase via the so called Buy Now option this also initiated a binding agreement between the Parties.
3.5 If by offline or online mediation an agreement has been reached by the Contractor in respect to the transfer or rental of the domain name or domain names between the Provider and Transferee, whether or not by means of the Auction, then Provider shall submit to the Contractor a reward in the form of a fixed commission on the Price.
3.6 If the Provider and the Transferee have agreed to an installment plan regarding the Price, both parties and the Escrow Third Party will sign the Additional agreement. The Provider will deliver the domain name under retention of title to the Escrow Third Party until the Transferee has paid the Price in accordance with the Additional agreement. The Escrow Third Party solely manages the domain name on behalf of the Provider, without any legal claim. The Transferee may use the domain name under the conditions as set out in the Additional agreement until the transfer has taken place.
3.7 The Contractor has at all time the right to cancel any (Additional) agreement and/or payment of the Price if the Contractor believes this to be necessary, without any right of restitution of installment(s) already paid and/or payment of any damages.
3.8 In case of conformity as mentioned in the above paragraphs, the Contractor will complete the transaction of the Price in accordance with its own procedures.
3.9 The Contractor shall at all times be entitled to transfer its rights and obligations from the agreements relating to the services of Contractor to one of its group companies or its other appointed third parties and to amend its services unilaterally. The Client requires for a transfer of (the rights and obligations) from the agreements the explicit consent of the Contractor.
4.1 If an agreement is reached between the Provider and the Transferee, then the Provider and the Contractor will undertake to provide full cooperation to the Contractor so that the Contractor can facilitate the transfer of the domain name. The Contractor shall at all time follow the necessary procedures to enable the agreement(s) between the Clients.
4.2 If the transfer of the domain name relates to a business agreement, the Transferee will be obliged to submit his corporate data, including the VAT of his company to the Contractor for producing the invoice.
4.3 The transfer of the domain name will start once the Contractor received and verified the Price. If the Provider and the Transferee have agreed to an installment plan regarding the Price, the transfer of the domain name shall be made in accordance with the conditions as set out in the Additional agreement.
4.4 If the Contractor, for whatever reason, is unable to carry out its work then it will contact the Client(s) to reach a satisfactory solution together.
4.5 If the Client has not fulfilled its obligations, then there is no obligation for the Contractor to cooperate with the transfer. In that case, the Client is legally in default and a notice of default is not required. Except claiming performance the Contractor is entitled to cancel the transaction and terminate the Contract. As far as necessary, the inadequacy of the Client is a serious ground as referred to in Article 7:408 paragraph 2 of the Dutch Civil Code. In this case, the Contractor reserves the right to bill an amount of € 150, - for administration costs to the party which fails to fulfil its obligation.
4.6 The Client must provide the Contractor with a correct and valid email address in respect of mediation.
4.7 Payment of any costs should always be made in the manner and within the period stated on the invoice of the Contractor, in the currency of the invoice, unless otherwise specified by the Contractor.
4.8 If the Client objects to the invoice of the Contractor, the Client notifies the Contractor within 3 days after the date of invoice by means of a written appeal. If the Client has not met these requirements, the Client shall be deemed to have accepted the invoice entirely.
4.9 Objections to the amount of an invoice do not suspend the payment obligation. The Client who is not entitled to appeal to section 6.5.3 (articles 231-247 of Book 6 of the Dutch Civil Code) is not entitled to suspend the payment of an invoice for any other reason.
4.10 If the Contractor cancels a transfer of ownership, the Transferee will get refunded within 3 business days. If the domain name had already been transferred to the Contractor's escrow account, the Provider will receive a new authorization code within 3 business days in order for the Provider to transfer the domain name back to their account.
5.1 Minors may not give commissions to the Contractor, except if they have permission from their legal representatives or if it is common in society that a particular minor of that age independently carries out the act.
5.2 It is not permitted to place on the Website domain names that infringe on the (intellectual property) rights of third parties or otherwise are unlawful.
5.3 It is not permitted to place domain names for third parties, unless the Contractor has given permission to do so.
5.4 In case of violation of these prohibitions, the Contractor is entitled to take such measures as it considers necessary, including -but not exclusively- the removal of (the provisions of) the domain name, deny the Client access or suspend his access and / or providing personal information to authorized third parties, including the police.
6.1 Every bid the User places on a domain name which is placed on the Website is legally binding. A bid cannot be revoked. If this offer is accepted by the Provider, the User is obliged to cooperate in the transfer of the domain name. The provisions of Article 4.5 are explicitly applicable.
6.2 The Clients must themselves investigate the domain name that it offers or to which it intends to make an offer. The Contractor has no knowledge of the contents of any websites to which the domain name refers.
6.3 Every bid is valid for a duration of 7 days. This clause does not apply in case of the Auction.
7.1 You can submit complaints about the services provided by the Contractor by sending an e-mail message.
7.2 Complaints should, within a reasonable time after you have determined a defect in the service, be submitted, providing a period of 14 days at least will be timely.
7.3 Complaints must be made fully and clearly defined.