M-Wakili

Ask a lawyer:
Provide a template for a Domain Name Purchase Agreement.

Domain Name Purchase Agreement

This Domain Name Purchase Agreement ("Agreement") is made and entered into as of [Date] by and between [Seller Name], a [State] [Entity Type] with a principal place of business at [Seller Address] ("Seller"), and [Buyer Name], a [State] [Entity Type] with a principal place of business at [Buyer Address] ("Buyer").

WHEREAS, Seller is the owner of the domain name [Domain Name] ("Domain Name"); and

WHEREAS, Buyer desires to purchase the Domain Name from Seller;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. Sale and Purchase of Domain Name

1.1. Seller agrees to sell, and Buyer agrees to purchase, the Domain Name, subject to the terms and conditions of this Agreement.

1.2. Seller represents and warrants that it is the sole and exclusive owner of the Domain Name and has the full right, power, and authority to sell the Domain Name to Buyer.

1.3. Seller further represents and warrants that the Domain Name is not subject to any liens, encumbrances, or other third-party claims.

1.4. Buyer acknowledges and agrees that the Domain Name is being sold "as is" and that Buyer is purchasing the Domain Name at its own risk.

2. Purchase Price and Payment

2.1. The purchase price for the Domain Name shall be [Amount] (the "Purchase Price").

2.2. Buyer shall pay the Purchase Price to Seller within [Number] days of the execution of this Agreement.

2.3. Payment shall be made by [Payment Method].

3. Transfer of Domain Name

3.1. Upon receipt of the Purchase Price, Seller shall transfer the Domain Name to Buyer.

3.2. The transfer of the Domain Name shall be completed within [Number] days of the receipt of the Purchase Price.

3.3. Seller shall provide Buyer with all necessary documentation and instructions to complete the transfer of the Domain Name.

4. Representations and Warranties

4.1. Seller represents and warrants to Buyer that:

  • Seller is the sole and exclusive owner of the Domain Name and has the full right, power, and authority to sell the Domain Name to Buyer;

  • The Domain Name is not subject to any liens, encumbrances, or other third-party claims;

  • The Domain Name is not infringing upon any third-party intellectual property rights;

  • The Domain Name is not being used in connection with any illegal or unethical activities; and

  • Seller has not received any notices or complaints regarding the Domain Name.

4.2. Buyer represents and warrants to Seller that:

  • Buyer has the full right, power, and authority to purchase the Domain Name from Seller; and

  • Buyer will use the Domain Name in a lawful and ethical manner.

5. Disclaimer of Warranties

5.1. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOMAIN NAME, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

5.2. BUYER ACKNOWLEDGES AND AGREES THAT THE DOMAIN NAME IS BEING SOLD "AS IS" AND THAT BUYER IS PURCHASING THE DOMAIN NAME AT ITS OWN RISK.

6. Indemnification

6.1. Seller agrees to indemnify and hold harmless Buyer from and against any and all losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any breach of Seller's representations and warranties contained in this Agreement.

6.2. Buyer agrees to indemnify and hold harmless Seller from and against any and all losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any breach of Buyer's representations and warranties contained in this Agreement.

7. Limitation of Liability

7.1. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2. SELLER'S TOTAL LIABILITY TO BUYER UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PURCHASE PRICE.

8. Governing Law and Dispute Resolution

8.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

8.2. Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Arbitration Act, 1995. The arbitration shall be conducted in [City, Country] and the language of the arbitration shall be English.

9. Entire Agreement

9.1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

10. Severability

10.1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

11. Notices

11.1. All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, or sent by overnight courier service, addressed as follows:

If to Seller: [Seller Name] [Seller Address]

If to Buyer: [Buyer Name] [Buyer Address]

12. Waiver

12.1. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other or subsequent breach.

13. Assignment

13.1. This Agreement may not be assigned by either party without the prior written consent of the other party.

14. Binding Effect

14.1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Seller Signature]

[Seller Name]

[Buyer Signature]

[Buyer Name]

Table of Contents

  1. Sale and Purchase of Domain Name

  2. Purchase Price and Payment

  3. Transfer of Domain Name

  4. Representations and Warranties

  5. Disclaimer of Warranties

  6. Indemnification

  7. Limitation of Liability

  8. Governing Law and Dispute Resolution

  9. Entire Agreement

  10. Severability

  11. Notices

  12. Waiver

  13. Assignment

  14. Binding Effect

TLDR

This Domain Name Purchase Agreement outlines the terms and conditions for the sale and purchase of a domain name between a Seller and a Buyer. It covers aspects such as purchase price, payment, transfer of ownership, representations and warranties, disclaimers, indemnification, limitation of liability, governing law, dispute resolution, and other relevant provisions.

Conclusion

This Domain Name Purchase Agreement is a legally binding document that outlines the terms and conditions for the sale and purchase of a domain name. It is important for both the Seller and the Buyer to carefully review the Agreement and ensure that they understand all of its provisions before signing.


Domain Name Purchase Agreement Template

This Domain Name Purchase Agreement ("Agreement") is made and entered into as of [Date] by and between [Seller Full Name], a [State] [Entity Type] with a principal place of business at [Seller Address] ("Seller"), and [Buyer Full Name], a [State] [Entity Type] with a principal place of business at [Buyer Address] ("Buyer").

WHEREAS, Seller is the owner of the domain name [Domain Name] ("Domain Name"); and

WHEREAS, Buyer desires to purchase the Domain Name from Seller;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. Sale and Purchase of Domain Name

1.1. Seller agrees to sell, and Buyer agrees to purchase, the Domain Name, subject to the terms and conditions of this Agreement.

1.2. Seller represents and warrants that it is the sole and exclusive owner of the Domain Name and has the full right, power, and authority to sell the Domain Name to Buyer.

1.3. Seller further represents and warrants that the Domain Name is not subject to any liens, encumbrances, or other third-party claims.

1.4. Buyer acknowledges and agrees that the Domain Name is being sold "as is" and that Buyer is purchasing the Domain Name at its own risk.

2. Purchase Price and Payment

2.1. The purchase price for the Domain Name shall be [Amount] (the "Purchase Price").

2.2. Buyer shall pay the Purchase Price to Seller within [Number] days of the execution of this Agreement.

2.3. Payment shall be made by [Payment Method].

3. Transfer of Domain Name

3.1. Upon receipt of the Purchase Price, Seller shall transfer the Domain Name to Buyer.

3.2. The transfer of the Domain Name shall be completed within [Number] days of the receipt of the Purchase Price.

3.3. Seller shall provide Buyer with all necessary documentation and instructions to complete the transfer of the Domain Name.

4. Representations and Warranties

4.1. Seller represents and warrants to Buyer that:

  • Seller is the sole and exclusive owner of the Domain Name and has the full right, power, and authority to sell the Domain Name to Buyer;

  • The Domain Name is not subject to any liens, encumbrances, or other third-party claims;

  • The Domain Name is not infringing upon any third-party intellectual property rights;

  • The Domain Name is not being used in connection with any illegal or unethical activities; and

  • Seller has not received any notices or complaints regarding the Domain Name.

4.2. Buyer represents and warrants to Seller that:

  • Buyer has the full right, power, and authority to purchase the Domain Name from Seller; and

  • Buyer will use the Domain Name in a lawful and ethical manner.

5. Disclaimer of Warranties

5.1. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOMAIN NAME, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

5.2. BUYER ACKNOWLEDGES AND AGREES THAT THE DOMAIN NAME IS BEING SOLD "AS IS" AND THAT BUYER IS PURCHASING THE DOMAIN NAME AT ITS OWN RISK.

6. Indemnification

6.1. Seller agrees to indemnify and hold harmless Buyer from and against any and all losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any breach of Seller's representations and warranties contained in this Agreement.

6.2. Buyer agrees to indemnify and hold harmless Seller from and against any and all losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any breach of Buyer's representations and warranties contained in this Agreement.

7. Limitation of Liability

7.1. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2. SELLER'S TOTAL LIABILITY TO BUYER UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PURCHASE PRICE.

8. Governing Law and Dispute Resolution

8.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

8.2. Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Arbitration Act, 1995. The arbitration shall be conducted in [City, Country] and the language of the arbitration shall be English.

9. Entire Agreement

9.1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

10. Severability

10.1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

11. Notices

11.1. All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, or sent by overnight courier service, addressed as follows:

If to Seller: [Seller Full Name] [Seller Address]

If to Buyer: [Buyer Full Name] [Buyer Address]

12. Waiver

12.1. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other or subsequent breach.

13. Assignment

13.1. This Agreement may not be assigned by either party without the prior written consent of the other party.

14. Binding Effect

14.1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Seller Signature]

[Seller Full Name]

[Buyer Signature]

[Buyer Full Name]


Sources:

Answered by mwakili.com