TERMS AND CONDITIONS | DOMAINS.MOM
Domains.mom: the party offering the domain(s) for sale.
Domain Buyer: the party wishing to buy the domain name.
Domains.mom: the party carrying out the contract.
Domain Renter / Financer: the partys interacting with Domains.mom in the financing or renting of a domain. This includes both the Domain Renter Or Domain Financer.
User: user of the Website.
Contract: the mediation and agreements for the sale, financing and transfer of domain names and all that is related to operations and activities performed by Domains.mom and the domain Buyer / Renter /Financer
Finance or Rental Agreement: the agreement between Domain.mom, the Domain Buyer and Domains.mom which agreement will be entered into if Domain.mom and the Domain Buyer have agreed to an installment plan regarding the Price.
Third Party: Domains.mom, that will hold the domain name in deposit if the Domain Renter / Financer s entered into the Finance or Rental Agreement or the Rental agreement.
Rental agreement: the agreement between the Rentor and the Rentee regarding the rent of the Domain Name.
Rentee: the party who rents a domain name from the Rentor.
Rentor: the party who rents a domain name to the Rentee.
Parties: Domains.mom and the Domain Renter / Financer together in this context should be listed individually as "party" or "counterparty".
Price: between Domain.mom and Domain Buyer agreed price for the (ownership) transfer of a domain name.
2.1 The Terms apply to any use of the Website (through any communication service whatsoever) and to all services provided by Domains.mom (for the Domain Renter / Financer ), including the Auction, and to the Agreements between the Domains.mom and the Domain Renter / Financer , and between their legal successors, for which Domains.mom 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 Domains.mom, for which third parties are involved by Domains.mom to carry out the Contract.
2.3 Deviations or additions to the Terms are only valid when expressly agreed to in writing by Domains.mom.
2.4 The applicability of any terms of the Domain Renter / Financer is explicitly rejected. Such general terms and conditions only apply if they are accepted in writing by Domains.mom.
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 Domains.mom does not require a continuous strict compliance with the Terms, this does not mean that its provisions do not apply, or that Domains.mom to any degree would lose the right to otherwise demand strict compliance with the provisions of the Terms.
2.8 Domains.mom is at all times entitled to modify the Terms. Changes will take effect within a reasonable time after they are announced, or after the Domain Renter / Financer has made use after the change of the Website and /or services of Domains.mom, whichever occurs earlier.
Mission and method Domains.mom
3.1 Domains.mom operates the Website. The Website is a platform on which Domain.mom can offer domain names and on which the Domain Buyer can look up, view and obtain or rent domain names from Domain.mom.
3.2 Domains.mom is only an intermediary who mediates in the conclusion of an agreement to transfer a domain between Domain.mom and the Domain Buyer. Domains.mom enables the communication between these two parties and facilitates the transfer of the domain name or the availability in case of a Rental agreement.
3.3 Domains.mom 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 Finance or Rental Agreement or the Rental agreement. Domains.mom has no effect on the actual state, including the accessibility of the domain names offered by the Domain.mom. Domain.mom and the Domain Buyer should resolve all disputes between themselves. When requested Domains.mom can be a facilitating party that can provide both Domain.mom and the Domain Buyer advice and support to a certain extent in solving disputes.
3.4 Between Domain.mom and the Domain Buyer an agreement will be initiated when either Domain.mom or Domain Buyer has accepted the last offer made by the Domain Buyer or Domain.mom on the domain name of Domain.mom. When a Domain Buyer initiates a purchase via the so called Buy Now option this also initiates a binding agreement between the Parties.
3.5 If by offline or online mediation an agreement has been reached by the Domains.mom in respect to the transfer or rental of the domain name or domain names between Domain.mom and Domain Buyer, then Domain.mom shall submit to Domains.mom a compensation in the form of a fixed commission on the Price.
3.6 If Domain.mom and the Domain Buyer have agreed to an installment plan regarding the Price, an Finance or Rental Agreement has to be accepted explicitly by the Domain Buyer. Domain.mom will deliver the domain name under retention of title to the Third Party until the Domain Buyer has paid the full agreed Price in accordance with the Finance or Rental Agreement. The Third Party solely manages the domain name on behalf of Domain.mom and Domain Buyer, without any legal claim. The Domain Buyer may use the domain name under the conditions as set out in the Finance or Rental Agreement until the transfer has taken place.
3.7 Domains.mom has at all time the right to cancel any (Additional) agreement and/or payment of the Price if Domains.mom 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 Domains.mom will complete the transaction of the Price in accordance with its own procedures.
3.9 Domains.mom shall at all times be entitled to transfer its rights and obligations from the agreements relating to the services of Domains.mom to one of its group companies or its other appointed third parties and to amend its services unilaterally. The Domain Renter / Financer requires for a transfer of (the rights and obligations) from the agreements the explicit consent of Domains.mom.
Obligations Domain Renter / Financer s
4.1 If an agreement is reached between Domain.mom and the Domain Buyer, then Domain.mom and Domains.mom will undertake to provide full cooperation to Domains.mom so that Domains.mom can facilitate the transfer of the domain name. Domains.mom shall at all time follow the necessary procedures to enable the agreement(s) between the Domain Renter / Financer s.
4.2 If the transfer of the domain name relates to a business agreement, the Domain Buyer will be obliged to submit his corporate data, including the VAT of his company to Domains.mom for producing the invoice.
4.3 The transfer of the domain name will start once Domains.mom has verified having received the Price. If Domain.mom and the Domain Buyer have agreed to an installment plan regarding the Price, the transfer of the domain name shall be made once the total purchase Price is secured in accordance with the conditions as set out in the Additional agreement.
4.4 If Domains.mom, for whatever reason, is unable to carry out its work then it will contact the Domain Renter / Financer (s) to reach a satisfactory solution together.
4.5 If the Domain Renter / Financer has not fulfilled its obligations, then there is no obligation for Domains.mom to cooperate with the transfer. In that case, the Domain Renter / Financer is legally in default and a notice of default is not required. Except claiming performance Domains.mom is entitled to cancel the transaction and terminate the Contract. As far as necessary, the inadequacy of the Domain Renter / Financer is a serious ground as referred to in Article 7:408 paragraph 2 of the Canada Civil Code.
4.6 The Domain Renter / Financer must provide Domains.mom 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 Domains.mom, in the currency of the invoice, unless otherwise specified by Domains.mom.
4.8 If the Domain Renter / Financer objects to the invoice of Domains.mom, the Domain Renter / Financer notifies Domains.mom within 3 days after the date of invoice by means of a written appeal. If the Domain Renter / Financer has not met these requirements, the Domain Renter / Financer 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 Domain Renter / Financer who is not entitled to appeal to Canada Civil Code is not entitled to suspend the payment of an invoice for any other reason.
4.10 If Domains.mom cancels a transfer of ownership, the Domain Buyer will get refunded within 3 business days. If the domain name had already been transferred to Domains.mom's escrow account, Domain.mom will receive a new authorization code within 3 business days in order for the Domain.mom to transfer the domain name back to their account.
4.11 Domains.mom has to transfer the domain, in respect of the transfer instructions sent within 30 days. Only if there’s a written agreement to extend this transfer period, there can be made an exception. For example, when the transfer of the domain is explicitly delayed as agreed by Domains.mom and Domain Buyer. If the Domain Buyer doesn’t transfer the domain within the set timeframe of 30 days, and no exceptions to this clause have explicitly been made, the Domain Buyer waives all his/her rights to the domain and no domain delivery can be guaranteed anymore by the Facilitator. Once the Domains.mom has processed the payout of the sale Price to Domain.mom, no refund is possible to the Domain Buyer anymore. If the domain has to be renewed by the Facilitator, due to the Domain Buyer neglecting to transfer the domain within 30 days, the Facilitator becomes the new owner of the domain.
4.12 When Domain.mom has been paid out after delivering the sold domain, a transaction cannot be reverted, canceled or refunded. With no exceptions possible, Domain.mom cannot make any ownership claims of the sold domain after receiving the payout.
5.1 Minors may not give commissions to Domains.mom, 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 Domains.mom has given permission to do so.
5.4 In case of violation of these prohibitions, Domains.mom 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 Domain Renter / Financer access or suspend his access and / or providing personal information to authorized third parties, including the police.
Bids or Offers
6.1 Every bid or offer 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 Domain.mom, the User is obliged to cooperate in submitting payment and the transfer of the domain name timely. The provisions of Article 4.5 are explicitly applicable.
6.2 The Domain Renter / Financer s must themselves investigate the domain name that it offers or to which it intends to make an offer. Domains.mom has no knowledge of the contents of any websites to which the domain name refers.
6.3 Every bid or offer placed by the User is valid for a duration of 7 days.
6.4 Sellers can revoke an offer or counter offer within 7 days after placing the bid, offer or counter offer.
7.1 You can submit complaints about the services provided by Domains.mom by sending an e-mail message to firstname.lastname@example.org.
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.
8.1 Domains.mom is not liable for any damage, except to the extent provided in this in the law and in article 8.
8.2 Domains.mom shall in all cases only be liable for direct damage resulting from a shortcoming in the fulfilment of obligations of the Domains.mom, or by third parties engaged, after it has been defaulted soundly and in writing and Domains.mom has been given a reasonable time to rectify this omission, and Domains.mom after that period attributable continues to fall short in the fulfilment of its obligations. The notice must contain the most complete and detailed description of the failure, so that Domains.mom is able to react adequately.
8.3 Liability of Domains.mom for the payment of additional or replacement damage or indirect damage, such as consequential damage and business interruption, lost savings, lost profits and damages resulting from claims made by the Domain Renter / Financer , is totally excluded.
8.4 Domains.mom is not liable for any damage resulting from:
a) the use of services from Domains.mom, including -but not exclusively- use of our landing pages (active) service brokerage and transaction concerning the transfer of the domain name and other services offered by Domains.mom;
b) false or incomplete information on the Website;
c) purchase of third party services or use of purchased domain names or other services via the Website;
d) defects in the actual state, including the accessibility of the domain names;
e) acts of third parties hired by Domains.mom, including third parties that affect the financial settlement; and
f) changes in the services of Domains.mom or changes in or on the Website.
8.5 Liability limiting, excluding or establishing conditions, which by the Domains.mom engaged third parties can be enforced by Domains.mom, will also be enforceable against the Domain Renter / Financer .
8.6 Domains.mom is not liable for any damage suffered by the Domain Renter / Financer which is the result of force majeure, including -but not exclusively- every hindering circumstance that is not exclusively dependent on the will of Domains.mom or third parties engaged. This shall include the non-availability or non-safe availability of the website or parts thereof, spam, spyware, viruses and the like which can be transmitted through the communication of Domains.mom or when using the Website and also transmission errors, malfunctions or non-availability of the facilities necessary to carry out the Contract.
8.7 If Domains.mom for whatever reason is obliged to pay any damages to the Domain Renter / Financer , it is only obliged to pay:
a) The total compensation paid by the Domain Renter / Financer to Domains.mom during the three weeks prior to when the act causing the damage occurred; or
b) a total of $50 or whichever is higher.
8.8 If there is damage according to the provision of paragraph 7 the amount determined in accordance with this paragraph will serve as the full compensation. The Domain Renter / Financer has no claim on Domains.mom in this case.
8.9 The prerequisite for the existence of any right to compensation is that the Domain Renter / Financer reports the damage as soon as possible after the occurrence thereof in writing to Domains.mom. Any claim for compensation against Domains.mom shall expire by the mere lapse of 6 months after the claim arises.
9.1 Domain.mom declares to Domains.mom that the domain name offered by her does not infringe on the (intellectual property) rights of third parties or is otherwise unlawful.
9.2 The Domain Renter / Financer shall indemnify Domains.mom for the effects of any agreements between Domain.mom and Domain Buyer as well as some shortcomings in these agreements, whether or not seeing to the actual state of the domain name.
9.3 The Domain Renter / Financer shall indemnify Domains.mom from claims by third parties including -but not exclusively- related to losses suffered by;
a) entering into an agreement based on an acquisition of a domain name, including -but not exclusively- any infringement of third party rights or other unlawful activity;
b) the use of domain names acquired through (the Website and/or) Domains.mom;
c) the use of (active) brokerage services;
d) the use of the Website landing pages; and
e) the use of the services offered on or through the Website.
9.4 The Domain Renter / Financer shall indemnify Domains.mom from any claim made by any (third) party due to or arising out of any breach of contract or any unlawful act regarding any agreement between the Domain Renter / Financer s.
9.5 If Domains.mom, for whatever reason, has been sentenced to pay a sum to the Domain Renter / Financer or a third party as referred to in paragraph 2, 3 and 4, or made and out of court settlement on which grounds it must pay an amount to this third party, then the Domain Renter / Financer shall pay this amount and the costs Domains.mom had to make as a result, immediate and on the first request of Domains.mom.
10.1 The Domain Renter / Financer s and the Third Party may enter into the Finance or Rental Agreement or the Rental agreement ("Agreements"). The Terms apply entirely on the Agreements, if the content does not conflict with the provisions as mentioned in the Additional or Rental agreement. Where you read "Domain.mom" and "Domain Buyer" in the, you may also read "Rentor" and "Rentee".
10.2 The fixed commission as mentioned in clause 3.5 shall be subtracted from the first installment or payment of rent and, if these payments are not sufficient, from the subsequent payments.
10.3 The Agreements are entered into for a period of time as agreed upon in the Agreements.
10.4 If the Agreement is entered into, the Domain Buyer is solely entitled to use the domain name with due diligence. The Domain Buyer shall not in any way use the domain name which in any respect:
a) is in breach of any law, statute, regulation or by law;
b) is fraudulent, criminal or unlawful;
c) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
d) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of the Third Party or any third party;
e) contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
f) provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;
g) publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes
h) involves the use, delivery or transmission of any viruses, unsolicited emails, trojan horses or any other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
10.5 Any (other) illegal activities as mentioned in paragraph 4 or any other activities which may cause damages to Domain.mom or the Third Party and/or which may decrease the value of the domain name are strictly prohibited. Such activities include, without limitations, the use of aggressive SEO strategies, techniques and tactics that focus only on search engines and not a human audience, and usually does not obey search engines guidelines (black hat SEO), such as keyword stuffing, invisible text, doorway pages, adding unrelated keywords to the page content or page swapping (changing the webpage entirely after it has been ranked by search engines), and the use of the domain name for spam activities.
10.6 In case of violation of paragraphs 4 and/or 5 the Domain Buyer shall forfeit without that further notice of default is required a directly and not open to mitigation claimed fine of:
i) in case of a Finance or Rental Agreement: the equal of twice the Price;
ii) in case of a Rental agreement: 24 (twenty-four) times the monthly rent; per violation to be paid to Domain.mom, notwithstanding the Domain.mom's or the Third Party's right to claim the actual damages. The Domain Buyer is furthermore obligated to limit any damages and/or undo the decreasing of the value of the domain name.
10.7 If the Parties entered into the Rental agreement, the Rentor is prohibited to sell or rent the Domain Name to a third party, to pledge the Domain Name as security if such pledge frustrates the (performance of this) agreement, or to act in any other way which is in conflict with this agreement or which may cause damages to the Third Party and/or the Rentee, after the deposit of the domain. If the Rentor violates this clause, the Rentor shall be liable for all the actual damages caused to the Third Party and/or the Rentee.
10.8 If the Domain Buyer fails and/or neglects to carry out the terms as set out in the agreements, Domain.mom may terminate the agreement immediately without prior notice. The Domain Buyer is liable to compensate all damages caused by this breach of contract.
10.9 The Finance or Rental Agreement shall terminate immediately without prior notice if the Domain Buyer suffers bankruptcy. If Domain.mom suffers bankruptcy and the first installment has been paid, the domain name shall be transferred to the Domain Buyer immediately. The Third Party shall take all necessary measures on behalf of Domain.mom to transfer the domain name to the Domain Buyer.
10.10 The Rental agreement shall terminate immediately without prior notice if the Rentee suffers bankruptcy, applied for suspension of payment, ceases operations or the company of the Rentee is liquidated.
10.11 After termination of the agreement, Domain.mom may rent or sell the domain name to any party, including competitors of the Domain Buyer. If the Finance or Rental Agreement has been terminated by Domain.mom, this agreement will retroactively be considered to be a Rental agreement and all installments paid are to be considered as rent.
10.12 Parties expressly relinquish the right to invoke the dissolution of the agreements, on whatever grounds.
11.1 The parties will make every effort to ensure that confidential information of the other party is notified or owned by third parties. Third parties do not include financial or legal advisors engaged by either party.
11.2 Paragraph 1 shall not apply if the disclosure takes place under a court order or under any other legal duty to provide information or with the prior written consent of the other party.
11.3 Parties will require their staff and possibly engaged third parties to comply with these confidentiality provisions.
12.1 Notices to Domains.mom may be sent to Domains.mom via the contact form available on the Website.
12.2 Notices to the Domain Renter / Financer will be sent to the provided e-mail address, or by mail in case there is reason to do so and an address is available.
13.1 In addition to the provisions of article 4.5, the Contract terminates with immediate effect by cancellation by the other party if the Domains.mom or the Domain Renter / Financer has been declared bankrupt or suspension of payment has been granted. Domains.mom is due to this termination never obliged to refund any received amounts or pay compensation.
13.2 Domains.mom shall be entitled to terminate the Contract if they are not able to implement it because of force majeure on this contract without any obligation to pay compensation.
14.1 This agreement, the Finance or Rental Agreement and the Rental agreement are governed by terms in this general agreement.
14.2 Disputes arising from this agreement or arising there from shall be exclusively submitted to the competent court in Toronto, Canada.
14.3 The provisions of the Terms set out the legal relationship between the Parties and replace all previous agreements or statements made by the Domains.mom and only provide evidence for it.
14.4 The communications from the domain: Domains.mom received or saved version of any communication, measurement (monitoring), is considered authentic unless the contrary is proven by the Domain Renter / Financer .
14.5 The Terms have been drafted in English Terms only are the binding & fully enforced terms. The English text is binding and shall prevail in the event of any dispute as to the scope or content of the Terms.