FabulousDomains InformationLegal DocumentsDomain Name Sale Agreement

Domain Name Sale Agreement

By clicking on the "I Agree" check box, the persons and/or entities nominated in the Company Name and/or Name fields of the online order form ("Purchaser") shall be deemed to have entered into a valid and binding contract with the official registrant of the domain names nominated on the order form ("Vendor") on the following terms and conditions:

1. THE PURCHASED DOMAIN NAME(S)

1.1. The Purchaser hereby agrees to purchase from the Vendor, the internet domain name(s) nominated on the online order form ("Purchased Domains"), in consideration for the payment of the amount stated on the order form ("Purchase Price").

2. PAYMENT OF THE PURCHASE PRICE

2.1. The Purchaser shall pay the Purchase Price to Fabulous.com Pty Ltd ABN 64 094 218 443 (“Fabulous.com”) on behalf of the Vendor, by one of the following methods:

(a) Payments can be made via Credit Card for amounts up to US$4,000.00.

(b) Payment by Wire Transfer.

Payment of the Purchase Price can be made by wire transfer as follows:

(i) Funds to be deposited into the Bank account nominated by Fabulous.com;

(ii) The Purchaser shall, in addition to the Purchase Price, be required to deposit an additional amount for any bank fees and charges payable by Fabulous.com to process the wire transfer.

(iii) Minimum amount payable by wire transfer shall be US$1,000.00, net of any bank fees of charges payable as per above;

(iv) There shall be no limit on the amount that may be paid by wire transfer;

(v) In the event that cleared funds in payment of the Purchase Price are not deposited into Fabulous.com's nominated bank account within seven (7) working days of the Purchaser having entered into the Domain Sale Agreement, the Vendor reserves the right to terminate the Domain Sale Agreement without further notice to the Purchaser and sell, transfer or otherwise dispose of the Purchased Domains to another party.

(c) Payment by PayPal

Payment of the Purchase price can be made from your PayPal online payment service account.

(i) If you have a PayPal account, payment of the Purchase Price can be made using your account for amounts up to US$4,000.00 , subject to satisfactory completion of the verification process described in Clause 3 below.

(ii) If you would like to register for PayPal you can do so online by visiting http:/www.paypal.com.

3. PAYPAL VERIFICATION AND AUTHENTIFICATION PROCESS

3.1. In the event that the Purchaser wishes to pay the Purchase Price using a PayPal account then the Purchaser must provide Fabulous.com with a copy of a document with photo identification as well as a utility bill in the Purchaser’s name. You can provide this information via email. Fabulous.com may in its sole and absolute discretion ask the Purchaser to provide further documents/information to confirm the Purchaser’s identity and authority of the owner of the PayPal account. Fabulous.com may contact the Purchaser by telephone.

3.2. If the Purchaser does not provide the documents/information as required by clause 4.1, then at the option of Fabulous.com either:

(a) the Purchased Domain will be held under registrar lock for a period of 210 days from date of purchase. If at any time during that 210 day period, the Purchaser provides the documents/information required by clause 4.1, then the Purchased Name will be released from registrar lock; or

(b) the purchase transaction will be reversed and the Purchase Price (less any transaction costs) refunded to the Purchaser.

4. REFUNDS

4.1. You are the sole owner of the Purchased Domains upon full receipt of the Purchase Price as cleared funds. The Purchase Price is non-refundable.

5. TRANSFER OF THE PURCHASED DOMAINS

5.1. Upon receipt of the Purchase Price, the Vendor agrees to immediately transfer legal and beneficial ownership of the Purchased Domain Names to the Purchaser.

5.2. The Vendor and the Purchaser hereby appoint Fabulous.com to act as their respective agent and attorney for the purposes of doing all things necessary to transfer the Purchased Domains from the Vendor to the Purchaser.

5.3. To open a Fabulous.com account, you must agree to the terms and conditions of the Fabulous.com Domain Name Registration Agreement.

5.4. The Purchaser agrees that the Purchased Domains will remain under registrar lock in the Purchaser’s Fabulous.com account until the expiry of the period (if any) during which the Purchaser may lawfully repudiate, charge back or otherwise cancel the payment of the Purchase Price (“charge back period”). Until the expiry of the relevant charge back period, the Purchaser does not acquire full legal and beneficial ownership of the Purchased Domains and hence may not sell, assign or transfer the Purchased Domains to a third party, nor transfer sponsorship of the Purchased Domains to another Registrar, but otherwise retains all other rights to control the Purchased Domains. At the sole and absolute discretion of Fabulous.com this clause may be waived by Fabulous.com.

5.5. The Purchaser acknowledges and agrees that until the Purchaser changes the nameservers for the Purchased Domains, the nameservers will remain the default nameservers as set by Fabulous.com, resulting in revenue to Fabulous.com or its related entities. The Purchaser may change the nameservers for the Purchased Domains via the Purchaser’s Fabulous.com account at any time once registration of the Purchased Domains has been transferred to the Purchaser.

6. WARRANTY AND DISCLAIMER

6.1. The Purchaser agrees that the use of this website and the facilities provided herein ("Website"), shall be at their sole risk and that the Website is provided on an "as is" and an "as available" basis.

6.2. To the full extent permitted by law, Fabulous.com and the Vendor expressly disclaim all warranties of any kind related to the Website and the Purchased Domain Names, whether express or implied, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose and non-infringement.

6.3. Neither Fabulous.com nor the Vendor makes any warranty that the Website or the Purchased Domain Names will meet your requirements or that they will be uninterrupted, timely, secure, or error free.

6.4. Neither Fabulous.com nor the Vendor makes any warranty as to the results that may be obtained from the use of the Website or the Purchased Domain Names or as to the accuracy or reliability of any information obtained from the Website.

6.5. The Purchaser hereby agrees that any material and/or data downloaded from the Website or other services provided by Fabulous.com is done at your sole discretion and risk and that you will be solely responsible for any damage resulting from any such download or use of such information or other related transaction.

6.6. Fabulous.com does not screen, review or control the listings and the domain names that are being offered for sale or transfer on the Website, nor does it screen review or control any of the activities or statements of users of its services.

6.7. Fabulous.com's sole involvement is to advertise domain names of third parties available for sale and to facilitate a smooth and orderly transfer of domain name registrations from the Vendor to the Purchaser.

7. LIMITATION OF LIABILITY

7.1. The Purchaser agrees to release, indemnify and forever hold harmless, Fabulous.com and its agents, officers, directors and employees, from any and all claims, demands and damages (actual or consequential) of every kind and nature, disclosed or undisclosed, arising out of or in connection with entering into the Domain Sale Agreement, the Purchased Domains and/or the use of the Website.

7.2. In no event shall Fabulous.com be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from the Purchaser’s use or the inability to use the services provided by Fabulous.com on the Website or for the cost of procurement of substitute services, or resulting from any data, information or services obtained or transactions entered into through or arising from or in connection with the services provided by Fabulous.com or resulting from unauthorized access to or alteration of transmissions or data, including but not limited to, damage for loss of profits, use, data or other intangibles, even if Fabulous.com has been advised of the possibility of such damages.

8. COMMISSION

8.1. Upon listing the Purchased Domains for sale, the Vendor nominated a percentage of the Purchase Price that would be payable by the Vendor to Fabulous.com by way of commission upon sale of the Purchased Domains. The amount of the commission may vary between 3% and 50% of the Purchase Price.

9. PUBLICATION RIGHTS

9.1. The Purchaser acknowledges and agrees that Fabulous has the right to publicize the sale of the Purchased Domains, including the Purchase Price.

10. GOVERNING LAW AND JURISDICTION

10.1. The terms of this Agreement shall be governed and construed in accordance with the laws from time to time of the State of Queensland. The parties submit to the non-exclusive jurisdiction of the Courts of Queensland and all appellate courts.

11. SEVERABILITY

11.1. Part or all of any provision of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining provisions of this Agreement continue in force.

12. FORCE MAJEURE

12.1. No party will be in default or otherwise liable for any delay or failure in its performance under this Agreement where such delay or failure arises by reason of an Act of God, any government or governmental body, acts of war, the elements, strikes or labor disputes, power or system failures, failure of the Internet, computer hacking, or other causes beyond the reasonable control of such party.