PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Domain Purchase Service Agreement (this “Agreement”) is entered into by and between Affordable Domains Canada, LLC, ( AffordableDomains.ca ) a Ontario, Canada, limited liability company and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of AffordableDomains.ca’s Domain Buy services (the “Domain Buy Services” or the “Services”).
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with AffordableDomains.ca’s Universal Terms of Service Agreement, which is incorporated herein by reference.
The terms “we”, “us” or “our” shall refer to AffordableDomains.ca. 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.
AffordableDomains.ca, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the AffordableDomains.ca website (this “Site”). You acknowledge and agree that (i) AffordableDomains.ca may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, AffordableDomains.ca may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. AffordableDomains.ca assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
2. DESCRIPTION OF SERVICES
The Services are provided to facilitate the buying of currently registered domain names. AffordableDomains.ca provides a venue and a transaction facilitation process and will take a stated commission for each completed transaction. AffordableDomains.ca is not an escrow agent. AffordableDomains.ca is not in custody of all of the domain names that may be purchased using the Services. As result, AffordableDomains.ca has no control over the quality, safety or legality of many of the domain names. A seller may elect to withdraw from negotiations at any time without any penalty. If you engage in a transaction with a selling price of five thousand dollars ($5,000.00) or greater, you acknowledge and agree to be bound by any agreements required by the third party escrow service. You acknowledge that third party escrow services will not be available for all transactions.
In transactions with a selling price of less than five thousand dollars ($5,000.00) third party escrow service is not available. In these transactions, AffordableDomains.ca acts as a transaction facilitator to help you make and receive payments from third parties. AffordableDomains.ca is not an escrow agent, rather we act as your agent based upon your direction and requests to use the Services that require us to perform tasks on your behalf. AffordableDomains.ca will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge AffordableDomains.ca is not a bank and the service is a payment processing service rather than a banking service. You further acknowledge AffordableDomains.ca is not acting as a trustee, fiduciary or escrow with respect to your funds.
In transactions where the maximum offering price is five thousand dollars ($5,000.00) or greater, you acknowledge and agree that a two percent (2%) deposit is required, up to a maximum of two thousand dollars ($2,000.00). This deposit will be put into an escrow account and will be used for payment at the time of purchase. Should AffordableDomains.ca negotiate a deal at or below the maximum offer price, and you do not complete the transaction, this deposit is non-refundable. AffordableDomains.ca may require an additional deposit from you to meet the two percent (2%) deposit requirement should you increase your initial offer. Upon completion of your purchase, the two percent (2%) deposit fee will be credited to the commission owed. Should AffordableDomains.ca be unable to negotiate a purchase at or below your maximum offer, the two percent (2%) deposit will be refunded to you, minus any fees that you may owe.
In all transactions, where the domain name is registered to AffordableDomains.ca, domain names purchased through the Services may not be transferred away from AffordableDomains.ca to another registrar for a period of sixty (60) days following the Change of Ownership date.
Availability of Services
Subject to the terms and conditions of this Agreement and each of AffordableDomains.ca's policies and procedures, AffordableDomains.ca shall use commercially reasonable efforts to attempt to provide (A) certain portions of the Services on a twenty-four (24) hours per day, seven (7) days per week basis throughout the term of this Agreement and (B) other portions of the Services, including, but not limited to, the domain broker(s), during normal business hours. You acknowledge and agree that from time-to-time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs that AffordableDomains.ca may undertake from time-to-time, or (iii) causes beyond the reasonable control of AffordableDomains.ca or that are not reasonably foreseeable by AffordableDomains.ca, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree AffordableDomains.ca has no control over the availability of the Services on a continuous or uninterrupted basis.
3. YOUR OBLIGATIONS
You agree to thoroughly, accurately and honestly complete all forms and requests for information provided by AffordableDomains.ca throughout the process. You agree AffordableDomains.ca will not be responsible for any false or misleading information you provide, whether intentionally or unintentionally.
You agree to notify AffordableDomains.ca within five (5) business days when any of the information you provided changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide AffordableDomains.ca with accurate and reliable information on an initial and continual basis, shall be considered a material breach of this Agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by AffordableDomains.ca to determine the validity of information provided by you, shall also be considered a material breach of this Agreement.
In the event your transaction is five thousand dollars ($5,000.00) or greater and includes third party escrow service, AffordableDomains.ca may disclose personally identifiable information to such third party escrow service for the sole purpose of facilitating the transaction. By seeking to purchase a domain name with a price that exceeds the minimum escrow price established by the site requiring the use of a third party escrow service, you acknowledge and agree to the sharing of such information.
Purchasing Domain Names
As a buyer, you are obligated to complete the transaction if you and the seller agree to a price for the domain(s). You are required to deposit this mutually agreed-upon price and buyer's broker premium, as established by AffordableDomains.ca, as soon as practical after you and the seller reach an agreement, but in no event later than five (5) business days after you and the seller have agreed to a price. By initiating and sending payments through the Services, you appoint AffordableDomains.ca as your agent to receive the funds on your behalf and transfer them to the recipient you designate. Once you send payment, AffordableDomains.ca will hold those funds as your agent for a prescribed period of time based on the type of transaction, at which time AffordableDomains.ca will release the funds to the seller. At no time will you be able to withdraw those funds or send the funds to another recipient unless the initial transaction is cancelled. Should the seller refuse payment, the funds, minus an administration fee, will be returned to you. You agree AffordableDomains.ca is not responsible for breach of contract based upon Seller's refusal to accept the aforementioned mutually agreed to sales price. In the event you and the seller do not reach an agreement upon a sales price, AffordableDomains.ca shall return any funds held by AffordableDomains.ca for the purchase of the domain to you as soon as commercially reasonably possible.
You acknowledge and agree that in no event shall AffordableDomains.ca refund to you the initial fee you are required to pay to use the Services. In the event you do not complete payment for a domain purchase after a mutually agreed upon price has been met, you will forfeit any deposits paid as a penalty.
4. AffordableDomains.ca's RIGHTS
In addition to any and all other rights reserved by AffordableDomains.ca in this Agreement, AffordableDomains.ca expressly reserves the right in its sole discretion to:
- Modify its pricing through email notification;
- Review your use of the Services for compliance with this Agreement and the Universal Terms of Service Agreement, which is incorporated herein;
- Establish limits and guidelines concerning the use of the Services;
- Terminate your Services for unsolicited, commercial e-mailing (i.e., spam, sending email to subscribers who have not "opted-in"); illegal access to other computers or networks (i.e., hacking); distribution of internet viruses or similar destructive activities; non-payment of fees; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which you conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that AffordableDomains.ca determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;
- Terminate your Services if your use of the Services results in, or is the subject of, legal action or threatened legal action, against AffordableDomains.ca or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; and
- Terminate your Services if you have not accessed or logged into it for ninety (90) days.
AffordableDomains.ca has no obligation to monitor the Services, but reserves the right to do so. AffordableDomains.ca reserves the right to edit the descriptions and comments on listings. You acknowledge and agree that AffordableDomains.ca shall have the right to make public certain information in connection with the sale or purchase of domains on the website, including but not limited to (a) the name of the domain name sold or purchased, (b) the sale or purchase price of the domain name sold or purchased, and (c) information relating to the timing of the sale or purchase.
5. REMEDIES AND RIGHT TO CANCEL
Without limiting other remedies, if:
- You breach this Agreement or any document incorporated by reference;
- AffordableDomains.ca determines your actions may pose a risk to AffordableDomains.ca or its members; or
- AffordableDomains.ca determines your use of the Services infringes on the intellectual property or legal rights of others.
AffordableDomains.ca may immediately:
- Warn its members of your actions;
- Place a hold on any pending transactions associated with your account(s);
- Limit funding sources and payments;
- Limit your access to your account(s) or to any functionality of your account(s); or
- Indefinitely suspend or close your account(s) and refuse to provide our Services to you.
In addition, AffordableDomains.ca reserves the right to hold funds beyond normal distribution periods for transactions it deems suspicious or for account(s) conducting high transaction volumes to ensure integrity of the funds. If AffordableDomains.ca closes your account(s), AffordableDomains.ca will provide notice and pay you all of the unrestricted funds in your account(s) due to you.
6. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
7. DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.
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