Domain Concierge Service Agreement

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 an already registered domain name ("Requested Domain") to solicit an offer to buy or sell the Requested Domain, complete its sale or purchase, and coordinate the transfer of the Requested Domain name to buyer.

a. Description of Domain Concierge Services – Buyer

For the purposes of this Agreement, a “Buyer” is a Customer who wishes to purchase the Requested Domain from another party.

Domain Concierge provides experienced professionals who will contact the owner of the Requested Domain anonymously, taking care to maintain confidentiality of your identity throughout the negotiation and purchase process, thus minimizing price inflation frequently associated with other methods; and, maximizing effectiveness in the acquisition process.

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.

b. Description of Domain Concierge Services – Seller

For the purposes of this Agreement, a “Seller” is a Customer and registrant of the Requested Domain that another party wishes to purchase from Seller.

In the event 101domain receives an external inquiry about the purchase of a Requested Domain registered with us, 101domain will serve as the exclusive representative on the Seller’s behalf for the purposes of communicating negotiations, facilitating the transaction, and coordinating the domain transfer with the purchaser. 101domain shall take care to maintain confidentiality of your identity throughout the negotiation and purchase process.

101domain will serve as the exclusive representative for the purpose of negotiating and completing the purchase of the Requested Domain in accordance with the terms and conditions of this Agreement.

c. Description of Domain Concierge Services – Transaction Services only

For the purposes of this Agreement, a “Customer” is either a Buyer or Seller of the Requested Domain and engages 101domain for these services.

Upon request, 101domain will serve as the Customer’s exclusive agent when the Buyer and Seller have independently negotiated and subsequently agreed on a price for the Requested Domain (“Transaction Services”). These Transaction Services are limited to the facilitation of a contractual domain purchase, including the payment transaction and domain transfer process. 101domain shall provide written agreements on request for both Buyer and Seller to execute a secure and mutual transaction. Under these terms, 101domain will, under no circumstances, initiate or resume negotiations on behalf of either party should either party fail to comply with the original agreed upon purchase price or transaction requirements, such as fees or escrow agent, for any reason.

101domain is not a law firm and does not offer legal advice. Therefore, any contracts or agreements provided to Customer for the facilitation of a Domain Concierge transaction are solely for convenience and recommended to be reviewed by an attorney of Customer’s choosing.

101domain is not an escrow agent and shall act only as a payment facilitator to complete the acquisition of the Requested Domain. 101domain utilizes the services of licensed escrow agents to provide the Domain Concierge Services.

101domain is not in custody of all of the domain names that may be purchased through this Agreement and 101domain has no control over the quality, safety or legality of the Requested Domain purchase transaction.

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 sale or purchase of the Requested Domain, subject to the following terms and conditions:

Terms of Domain Concierge Services – General

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 or sale 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 or engaged by 101domain during the term of this Agreement and consummates a sale or purchase. Customer agrees not to sell any domain name to any potential purchaser found through 101domain without using 101domain to complete the transaction.

b. 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.

c. The Fees payable to 101domain for services under this Agreement are as follows:

(a)Domain Concierge Fee$199.00 non-refundable
(b)Commission Fee18% of Requested Domain purchase price
(c)Processing Fee4% (waived if paid by bank wire)
(d)Escrow Fee3.5% (if escrow is required by 101domain)
(e)Domain Transfer FeeVaries

d. 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.

e. Customer acknowledges that 101domain cannot guarantee that a Requested Domain will be acquired at or below the desired maximum prices described above.

Terms of Domain Concierge Services – Buyer

f. 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.

g. 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.

h. Customer acknowledges that it may be necessary for 101domain to contact, communicate, and/or negotiate with an external brokerage network in order to successfully close a deal with the domain owner of a Requested Domain. 101domain may disclose the existence of the external broker to Customer; however, Customer’s identity will remain anonymous throughout the process. Customer acknowledges that the external broker may require their own discretionary brokerage fee and 101domain has no control over this fixed amount. Customer agrees to pay the broker’s fee in addition to the Fees described below, as long as the total amount of the Requested Domain purchase price and the added brokerage fee does not exceed the Customer’s maximum budget. In the event that this added brokerage fee results in a purchase price over Customer’s maximum budget, 101domain will contact Customer for written authorization to proceed with the purchase at the exceeded amount.

i. Customer agrees that once 101domain has communicated an offer to purchase the Requested Domain below or at 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.

Terms of Domain Concierge Services – Seller

j. No price will be offered by 101domain for the sale of the Requested Domain on behalf of Seller without Seller’s written authorization. In the event that the Requested Domain may not be sold at Seller’s price, 101domain shall contact Seller to request additional authority to accept a reduced or exceeded price. Such authority shall be granted in writing, which may be sent by email to 101domain.

k. In the event 101domain is acting in the capacity of a Seller’s representative, as described in Section 1(b) of this Agreement, and facilitates the Requested Domain purchase with the Buyer, the Buyer is responsible for payment of all associated Fees as described above in Section 2(c).

l. If the Buyer is represented by an external broker and the broker contacts 101domain for a purchase of the Requested Domain, the Domain Concierge Fee of $199 shall be waived. 101domain reserves the right to modify the brokerage fees as described in Section 2(c) to accommodate both Buyer and Seller’s brokerage fees on both sides.

m. Seller agrees that once 101domain has accepted a purchase price of the Requested Domain acceptable by Seller, Seller is obligated to complete the transaction if such price is agreed to by Buyer. Seller 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.

Terms of Domain Concierge Services – Transaction Services only

n. 101domain will only complete a mutually agreed upon transaction. 101domain reserves the right to decline these services if circumstances cause the transaction to fall outside the scope of Transaction Services, including but not limited to, either party negotiating a price beyond original amount presented to 101domain, refusal to fulfill their obligations under these terms, or disagreement with 101domain’s preferred escrow service.

o. 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.

p. Customer agrees that once 101domain has been engaged for these services, Customer is obligated to complete the transaction if such transaction is mutually accepted by both parties. 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.

q. If Customer engages 101domain for Transaction Services, as described in Section 1(c) of this Agreement, Buyer agrees to pay the Fees described above, with the modification of a reduced brokerage fee. Buyer agrees to pay a 5% brokerage fee if the Requested Domain purchase price is $4,000 USD or more and under $100,000 USD. If the purchase price is $100,000 USD or more, the brokerage fee is 3%. The Domain Concierge Fee of $199 will only apply if the purchase price of the Requested Domain is under $4,000 USD.

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.

Last Modified 2022-11-01