This DOMAIN CONCIERGE SERVICES AGREEMENT ("Agreement") is made by and between 101domain GRS Limited, an Irish limited liability ("101domain") and you and your heirs, agents, successors and assigns (collectively, "Customer"), and is made on the first day the Domain Concierge Service ("Domain Concierge") is ordered.
Your acceptance of the Master Services Agreement ("MSA") which incorporates this Agreement by reference, and your order of the Domain Concierge Services signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement along with all other applicable agreements and policies which are incorporated into the MSA by reference. This agreement sets forth the additional terms and conditions which govern your use of the Domain Concierge Services.
The terms "we", "us", or "our" shall refer to 101domain. The terms "you", "your", "user", or "customer" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Description of Domain Concierge Services
101domain agrees to contact the owners of the domain name ("Requested Domain") specified on an anonymous basis to solicit an offer to sell the Requested Domain.
a. Domain Concierge provides experienced professionals who will contact the owners of the Requested Domain through separate emails and telephone numbers that may or may not be associated with 101domain as well as the non-disclosure of your identity during the negotiation and purchase process, thus minimizing price inflation frequently associated with other methods; and, maximizing effectiveness in the acquisition process.
b. 101domain will serve as the exclusive representative for the purpose of negotiating the purchase of the Requested Domain in accordance with the terms and conditions of this Agreement.
c. 101domain is not an escrow agent and shall act only as a payment facilitator to complete the acquisition of the Requested Domain. 101domain is not in custody of all of the domain names that may be purchased through this Agreement. 101domain has no control over the quality, safety or legality of the Requested Domain.
d. All acquisitions are bound by the terms of the Domain Name Transfer Agreement, and/or applicable 3rd party agreements such as escrow agents, or other Registrars of Record at the time of acquisition.
2. Provision and Delivery of the Service
The Customer hereby grants 101domain the specific authority to act exclusively as its agent to negotiate, execute, and deliver a contract of purchase of the Requested Domain, subject to the following terms and conditions:
a. This Agreement shall have a term of ninety days (90) days where Customer agrees to appoint 101domain as the exclusive representative for the purchase of the Requested Domain. For the term of this Agreement, and for an additional six (6) months, Customer shall owe 101domain its Fees if Customer pursues any leads introduced by 101domain during the term of this Agreement and consummates a purchase.
b. No price will be accepted by 101domain for purchase of the Requested Domain on behalf of Customer if it is more than the maximum price given by Customer in writing. In the event that the Requested Domain may not be purchased at or below such maximum prices, 101domain shall contact Customer to request additional authority to exceed such maximum price. Such authority shall be granted in writing, which may be sent by email to 101domain.
c. Upon agreement of the negotiated purchase price with the owner of the Requested Domain, Customer shall forward the amount of the purchase price plus 101domain's fees directly to 101domain or into an escrow account as directed by 101domain, within five (5) business days of request from 101domain.
d. The Customer agrees that the Requested Domain may be transferred through an intermediary to the Customer in order to preserve the confidentiality of Customer's identity or due to registry or registrar requirements. 101domain agrees to cause the intermediary to transfer the Requested Domain to 101domain as soon as possible after the closing of the transaction.
e. Customer agrees that once 101domain has communicated an offer to purchase the Requested Domain at or below the maximum price, Customer is obligated to complete the transaction if such offer is accepted by the applicable owner. Customer agrees to defend, indemnify and hold 101domain harmless from any claims, losses and damages associated with any transactions initiated by 101domain in accordance with this Agreement, including without limitation, the purchase price, any escrow fees or other related costs.
f. The Fees payable to 101domain for services under this Agreement are as follows:
|(a)||Domain Concierge Fee||$149.00 non-refundable|
|(b)||Commission Fee||15% of Requested Domain purchase price|
|(c)||Processing Fee||4% (waived if paid by bank wire)|
|(d)||Escrow Fee||3.5% (if escrow is required by 101domain)|
|(e)||Domain Transfer Fee||Varies|
g. If the sale and transfer of the Requested Domain does not complete, all monies paid in advance of the closing of the Requested Domain to 101domain shall be refunded to Customer, minus the Domain Concierge Fee and Processing Fee.
h. Customer acknowledges that 101domain cannot guarantee that a Requested Domain will be acquired at or below the desired maximum prices described above.
3. Term and Termination
You may terminate this Agreement at any time with written notice. Upon termination, any fees paid are non-refundable.
After the initial ninety (90) day term of this Agreement, Customer may extend 101domain's authority to consummate the purchase of any Requested Domain by giving notice of such extension to 101domain in writing. If a transaction is pending, this Agreement shall automatically renew until it is completed, then shall terminate after its completion.