Terms of Purchase
Terms of Purchase - Domain Names
I ("BUYER"), agree to the following terms offered by Name it Generic domain name Sales ("SELLER"), in connection with the purchase of a domain name from NameitGeneric.com at the price shown or quoted.
Terms of Offer
All purchases are for the domain name specified only. The purchase price does not include any website, graphics or content unless explicitly outlined. The purchase price BUYER has been quoted is non-exclusive and is valid for a period of three calendar days. Acceptance of any offered purchase price is solely contingent on receipt of payment in full in the manner(s) stated in Payment section. Prior to performance of BUYER's payment obligation hereunder, SELLER retains the right to offer and sell the domain name to any third party at the SELLER's sole discretion after three calendar days for date BUYER submitted a purchase request.
Payment is to be made in full by the BUYER to Escrow.com. Checkout via the Escrow.com service is a safe and secure means of transferring domain purchases for both the BUYER and SELLER. Escrow.com
holds the BUYER'S payment until BUYER confirms the domain name(s) have been transfered to BUYER. Then, funds are released to the SELLER by Escrow.com.
The SELLER will send BUYER a link to Escrow.com with SELLER'S invoice detailing the domain/domains purchased and purchase price. The Escrow.com fee will be split evenly 50/50 between BUYER and the SELLER.
Transfer of Domain Name(s)
Upon SELLER's confirmation of receipt of payment in full of the total purchase price to Escrow.com, the SELLER shall (a) be authorized as agent to transfer or push the domain name(s) to the ICANN accredited registrar of the BUYER'S choosing and (b) to agree on BUYER's behalf to the terms of registration at the registrar to establish BUYER as the registrant of the domain name in accordance with the WHOIS data provided, within one business day.
Conditions and Effects of Default
Failure of payment of the purchase price within the time specified shall terminate this agreement, and SELLER shall have no obligation hereunder. Failure by SELLER to effectively transfer the domain name in accordance with the terms of this agreement shall entitle BUYER to a full refund of the purchase price, at BUYER'S election as sole remedy. SELLER and BUYER each agree that the prevailing party of a claim or dispute under this agreement shall be entitled to having its expenses incurred in enforcing this agreement, including, but not limited to, reasonable costs and attorney's fees to the maximum amount permitted by law, paid by the other party.
Indemnification and Warranties
SELLER warrants it has authority to engage in the transaction contemplated hereby, and warrants good and marketable title to the domain name.
BUYER warrants the domain registration data (WHOIS data) includes reliable contact details including: the full name, postal address, e-mail address, voice telephone number, in compliance with the domain registration terms of the registrar. BUYER warrants that it has full legal capacity to enter into this agreement, and authority to do so on behalf of any registrant identified in the WHOIS data provided by BUYER.
BUYER shall be solely responsible for determining its right to use, and shall be solely liable for its use, mis-use, or any action by BUYER causing impairment or loss of the domain name subsequent to transfer thereof to BUYER. BUYER shall indemnify, defend, and hold harmless the SELLER against any loss or damage (including all attorney's fees, costs and other expenses) arising from claims of a third party for conduct arising from BUYER's use of the domain name.
BUYER EXPRESSLY AGREES THAT IT IS PURCHASING RIGHTS TO THE DOMAIN NAME AT ITS SOLE RISK. OTHER THAN AS PROVIDED IN THIS AGREEMENT, SELLER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. SELLER DOES NOT MAKE ANY WARRANTY THAT THE DOMAIN NAME(S) WILL MEET BUYER'S REQUIREMENTS, OR THAT BUYER WILL BE ABLE TO ATTAIN ANY SPECIFIC RESULTS OR VALUE ASSOCIATED WITH THE DOMAIN NAME(S) OR THE USE THEREOF.
No Other Terms
Unless otherwise provided in a signed writing, these terms of purchase constitute the sole and full agreement between BUYER and SELLER in connection with the purchased domain name(s). Upon transfer of the domain name as provided under section "Transfer of domain name(s)", sale of the domain name will be final and non-refundable for any reason.
This agreement shall be enforceable under the laws of Bucks County, Pennsylvania USA, and BUYER consents to personal jurisdiction of the courts of Bucks County, Pennsylvania USA for adjudication and enforcement of any dispute arising hereunder.