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Domain Broker Service Agreement

Updated Time:2021-10-18  Views:84756

1.Overview
1.1 Acceptance of terms through use. By using the domain broker service or clicking "I agree" to this Agreement, you signify your agreement to these terms and conditions. Please read carefully and fully understand the content of domain broker service agreement(“Agreement”). If you do not agree to this Agreement,  please do not use the domain broker service and do not click "I agree". 
1.2 Domain broker service is provided to facilitate the buying of currently registered domain names. If the domain name you want has been registered, and you want to get this domain name, you can you can submit application, and the professional domain name broker will help you contact the domain name owner, negotiate on your behalf, and finally facilitate the transaction. Please note that the domain name here refers to the domain name managed by GNAMEHK LIMITED.
1.3 User refers to the person or entity that applies for registration as a full member and uses the domain broker service by GNAMEHK LIMITED, which is more commonly referred to as "you" or "buyer" “user” in this Agreement.


2. Description of Services
2.1 GNAMEHK LIMITED provides a transaction facilitation process which you can submit application for purchase for designated domain name. GNAMEHK LIMITED will charge the commission, and the charging standard will be subject to the price published on the relevant pages of our website. GNAMEHK LIMITED only acts as a transaction facilitator to help you buy domain names in each transaction, accordingly, GNAMEHK LIMITED does not guarantee the quality, safety or legality of the domain names. 
2.2 Buyer is obligated to complete the transaction after himself and seller mutually agree to a price for the domain(s). Buyer specifically authorize and direct GNAMEHK LIMITED to act as its designated agent to facilitate the transfer of the domain(s).
2.3 During the transaction, GNAMEHK LIMITED will keep the personal information of buyer and seller confidential. 
2.4 Buyer will enjoy one-to-one assistance services from the domain name brokers; The broker will track the whole process of the transaction, report the progress of the transaction to the buyer in time, and promote the transaction with professional negotiation ability.


3. Warranties, Representations and Undertakings
3.1 You acknowledge and agree that:
(a) GNAMEHK LIMITED cannot guarantee the success of the transaction, but after you submit, the domain name broker will make every effort to negotiate with the domain name owner within your budget to facilitate the transaction.
(b)the contact information and identification documents provided to GNAMEHK LIMITED are authentic, legal and valid. Users should truthfully inform the necessary transaction information, and all legal liabilities and economic losses caused by providing false information shall be borne by users.
(c) You shall ensure lawful sources of its funds, and bear all the responsibilities for any illegal transaction caused by any improper source of funds, which has nothing to do with GNAMEHK LIMITED. Buyer acacknowledges and agrees that in no event shall GNAMEHK LIMITED refund the fee Buyer is required to pay to use the service.
(d) GNAMEHK LIMITED as a domain name management trading platform, not the domain name holder. Before purchase, you should check the domain name information, including but not limited to whether the domain name is blocked, or illegal website content and other information. Furthermore, GNAMEHK LIMITED has no obligation to verify whether the purchase of the domain name and its prior use history has harmed the interests of any third party, in particular the rights of enterprise and trademark; GNAMEHK LIMITED shall not be responsible for any loss caused to the buyer by the previous use of the domain name. However, GNAMEHK LIMITED may provide assistance, including but not limited to providing the information of the original owner of the domain name.
(e) you shall abide by the terms and conditions of the domain names after becoming the new holder of the domain name. GNAMEHK LIMITED is not responsible for any disputes or losses arising from the ownership or use of this domain name by the buyer. In addition, Buyer is obligated to protect GNAMEHK LIMITED from and against any damages arising from third party litigations, claims or other actions arising out of the purchaser's possession or use of the domain name.
3.2 GNAMEHK LIMITED only provides system, technology and service support for the transaction, and is not the holder of the domain name or the transaction subject of the domain name, except as expressly provided by laws and regulations, GNAMEHK LIMITED does not need to issue invoices to buyers.


4.  Fees, Payment and Tax
4.1 Unless otherwise provided by the terms of service or agreed to by us in writing, any payments, fees, charges or taxes payable under this agreement and/or the terms shall be payable by you in accordance with the prevailing GNAMEHK LIMITED payment and tax terms, and shall be paid on time. The fee shall be paid in USD.
4.2 GNAMEHK LIMITED shall have the right to terminate this service agreement, suspend or terminate all or part of the service, if the commission is not paid in the prescribed manner and within the prescribed period.
4.3 GNAMEHK LIMITED has the right to make timely adjustments to the fee charging standard, and the announcement on the front page of GNAMEHK LIMITED and related pages will be regarded as notification. The failure of the user to raise a written objection or to continue using the services provided by GNAMEHK LIMITED shall constitute consent.
4.4 The user acknowledges and agrees that GNAMEHK LIMITED has the right to be free from litigation or arbitration in any dispute arising from the adjustment of fee rate, etc., except as expressly provided by laws.


5. Disclaimers and Limitation of liability
5.1 GNAMEHK LIMITED SHALL NOT BE RESPONSIBLE FOR ANY LITIGATION, CLAIM OR OTHER DISPUTES OF ANY KIND INVOLVING THIRD PARTIES ARISING FROM THE TRANSACTION OF THE DOMAIN NAME.
5.2 IF THE PERFORMANCE OF THE SERVICE IS IMPOSSIBLE, UNNECESSARY OR MEANINGLESS DUE TO FORCE MAJEURE OR OTHER UNEXPECTED EVENTS, THE PARTY SUFFERING THE FORCE MAJEURE OR UNEXPECTED EVENTS SHALL NOT BE LIABLE.


6. Governing Law and Jurisdiction
This agreement shall be governed by and interpreted and enforced in accordance with the laws of Singapore applicable therein without regard to its conflict of law provisions. Any action relating to this agreement must be submit to the exclusive jurisdiction of the courts of Singapore.


7.General
7.1 You agree that any notices required to be given under this domain service Agreement by GNAMEHK LIMITED to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
7.2 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.
7.3 GNAMEHK LIMITED reserves the right torevise this Agreement and your continued use of this domain broker service following the posting of any changes to the Agreement as well as any additional rules and policies posted on GNAMEHK LIMITED.com constitutes your acceptance of such changes.
7.4 No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this domain name service agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
7.5 If any provision or portion of any provision of this domain name service agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

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