Last Modified: [July 16, 2022]
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
Acceptance of the Marketplace Terms & Conditions
This is a formal agreement and is entered into by and between you, (and/or the company or person you represent) and DesignContest LLC doing business as PerfectDomain (“Company,” “PD,” “PerfectDomain,” “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms & Conditions” or “Terms”), govern your participation in and/or use of those services or benefits available at PerfectDomain.com.com (the “Website” or “Site”).
Changes to Marketplace Terms & Conditions
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the services offered on the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
PerfectDomain serves as a marketplace platform (“Marketplace”) that allows users to buy and sell domain names with other users (the “Services”). Specifically, buyers of domain names (“Buyers”) may utilize the Marketplace to search for domains that Buyer may wish to acquire and enter into transactions with seller(s) to acquire those names. Sellers of domain names (“Sellers”) may utilize the Marketplace to post domain name they wish to sell and to enter into transactions with Buyers for those domain names. PerfectDomain.com is merely a venue on or through which users can enter into transactions with one another and does not have any influence or control over how users conduct their business on the Website or utilize the Marketplace and Services. Unless otherwise disclosed, we are not a buyer or a seller and do not represent any buyers or sellers.
Buyers and sellers are responsible for conducting all research necessary to make themselves familiar with the rules, regulations and fees associated with the relevant registrar, top-level domain and any other relevant information about any domain name to be bought or sold through the Marketplace. We shall not be responsible for any domain name fees or liabilities.
Domain Name Purchase and Sale Agreements
Sellers and Buyers on the Marketplace shall enter into their own purchase and sale agreement for any domain name sold through the Marketplace. Our only involvement once the purchase and sale agreement is entered into between the buyer and seller is to collect a fee for services provided, to make payments for services provided and/or to conduct any domain name transfers as described herein. Buyer and seller agree that the terms of the purchase and sale will follow the standard online purchase and sale agreement supplied by us and available for review here: https://perfectdomain.com/legal/psa
We shall not be held responsible for the failure of either party to a purchase and sale agreement to complete their obligations under such an agreement. We are a neutral facilitator of the Marketplace and shall not be subject to any claims arising from the attempted purchase and sale of domain names through the Marketplace.
Any fees charged by us for listing a domain name for sale on the Marketplace or for buying a domain name through the Marketplace will be stated clearly on the Site and will be binding when agreed to by a Buyer and/or Seller.
Absent anything to the contrary posted on the site and agreed to by Buyer or Seller, the fees for the domain name purchases and sales are as follows: (a) a marketplace fee of 12% of the gross sale amount, (b) an additional 5% fee for featured listings and (c) a special fee of 10% for all domains using DNS or URL Forwarding to each domain sales page.
For assistance with domain name acquisitions we charge the Buyer a fee of the greater of 15% and $400.
For domain name appraisals we charge $250 per appraisal.
Additional fees apply for the PDTransfer service. (See the PDTransfer Terms and Conditions below.)
If you wish to purchase any product or service made available through the Marketplace (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Should the payment for and transfer of a domain name fail for any reason after purchase and agreement is entered into, we may collect any applicable commission fee for the sale from whichever party to the purchase and sale agreement breached their obligations under that agreement.
The payment of all applicable taxes, levies, or charges due to any governmental or non-governmental authority shall be the sole responsibility of the respective sellers and buyers. We shall have no liability whatsoever for such taxes, levies, or charges.
In case of a suspected breach of any of the terms contained herein, we reserve the right to withhold all payments owed to sellers until such breach is cured. We further reserve the right to make any chargeback or reversal payment from the seller's account in case any refund is payable to the buyer pertaining to a sale.
No refunds are allowed. The only way money will be returned is if a Seller does not deliver a domain name within 14 days and the Buyer requests a refund within 5 days thereafter.
Domain Name Transfers; Escrow
All transactions will be handled by either (a) in house through our domain name transfer service called “PDTransfer” or (b) through Escrow.com acting as the escrow agent.
If using Escrow.com, Buyer and Seller shall enter into a separate agreement with Escrow.com.
Buyers may choose to either (i) have the purchased domain name pushed at the current registrar of the domain name or (ii) request an auth code (EPP) and transfer the domain to a different registrar.
PDTransfer Terms and Conditions
Through our PDTransfer service we can facilitate the payment from the Buyer to the Seller for Purchases and facilitate the transfer of the domain name from Seller to buyer. If requested by the parties to a Purchase, we may delay payment to Seller until the domain name has been transferred to Buyer.
If using PDTransfer, payments may be made via PayPal, Wire or Bitpay.
The fees for the PDTransfer service will be shown to and agreed to by the Buyer and Seller when consummating a transaction. The fees for the PDTransfer services are on top of any other fees for a transaction.
Buyers are responsible for the PDTransfer fee.
If a Buyer fails to transfer payment for a domain name to us, there is no PDTransfer fee owed.
Money for purchases (minus any applicable fees) will be reflected in the Seller’s account in our billing system and Seller may withdraw such amounts.
We reserve the right to cancel transactions using PDTransfer for any reason in our sole discretion and return any payments and domain names transferred to us. The return of funds or domains shall be your sole remedy and shall be considered liquidated damages.
Buyer’s Failure to Take Possession of a Domain Name
As used in this section, a “Failure to Take Possession” is when a Buyer agrees to purchase a domain name from a Seller, pays the full amount for that domain name, and then fails to take the actions necessary to assume control over that domain name for sixty (60) days after payment was made. A Failure to Take Possession is a material breach by Buyer of its obligations under these Terms.
In the case of a Failure to Take Possession, PerfectDomain shall have the option to do either of the following, in its sole discretion: (1) terminate the transaction, take ownership of the domain name and transfer the purchase price to Seller (minus any transaction fees owed to PerfectDomain), or (2) terminate the transaction, leave ownership of the domain name with Seller and retain the full amount of the purchase price as liquidated damages against Buyer.
You and we acknowledge and agree that the amount retained by PerfectDomain or the retention of the domain name by PerfectDomain as described in the previous paragraph shall constitute liquidated damages and not penalties and are in addition to all other rights of PerfectDomain. You and we further acknowledge that (i) the amount of loss or damages likely to be incurred is incapable or is difficult to precisely estimate, and (ii) the amounts specified bear a reasonable relationship to, and are not plainly or grossly disproportionate to, the probable loss likely to be incurred in connection with any failure by Buyer to complete the transaction.
If you are a Seller in a transaction involving a Failure to Take Possession, you hereby consent to PerfectDomain’s exercising either of its option described above, which will result in you either (a) receiving the full purchase price for the domain name or (b) maintaining ownership of the domain name.
Cancellation of Transactions
We reserve the right in our sole discretion to cancel a transaction or an auction at any time before a purchase and sale agreement is entered into, including for violations of these Terms or any other terms agreed to by the user through the Site.
We reserve the right to reject a listing on the Marketplace or to remove and blacklist listings with or without notice. We reserve the right to delete individual bids or offers we believe that such bids or offers were placed erroneously, by mistake, or are not to be a bona fide offer. We reserve the right to delete individual bids or offers if we believe that such bids or offers are fraudulent, fake, “shill” or otherwise not a bona fide offer. We may contact you to verify your identity, the validity of the offer or bid, or request documents to support the validity of your offer or bid.
When a Seller lists one or more domain names all domains shall be verified either by: Nameservers or URL Forwarding.
We are under no obligation to disclose the identity of any seller or buyer on the Marketplace to any other user of the marketplace. We will only be required to make such a disclosure if we receive a court order from a court having jurisdiction over the Marketplace.
Users shall not circumvent or manipulate the Site’s fee structure, billing process, or fees owed, or cheat the Site’s systems in any manner whatsoever.
Requirements for Sellers’ Domain Name Listings
Sellers must ensure that listed domain names will not expire within 60 days at the time of listing, and if any point during a listing the domain name is to expire within 60 days the Seller must add an additional year or more on to the registration.
Sellers must be the verified owner of the registration. A seller of a domain name shall not allow anything to happen to a listed domain name such that a listing or sale on the Marketplace will be negatively impacted.
A Seller shall not enter a bid for its own domain name and shall not instruct or cause other persons to do so.
As a Seller on the Marketplace, you represent and warrant that: (i) you have registered, or have the exclusive right to register, the domain name with an appropriate registrar or other registration authority; (ii) your registration rights are current and not subject to deletion, cancellation, rescission, or deactivation; (iii) you have not taken any action that would impair your ability or right to transfer the domain name and no such action has been taken against you; (iv) the domain name has not been used in such a manner as to infringe the rights of any third party, including, but not limited to, trademark, naming or publicity rights; (v) the domain name is not the subject of any legal disputes or proceedings challenging your right to register or use the domain name; (vi) you will provide truthful and accurate information in the listing; and (vii) if your offer to sell and transfer the domain name is accepted, you will complete the transaction with a ready, willing, and able buyer.
Requirements for Buyers
Buyer is solely responsible for conducting all research and inquiry necessary to ensure that Buyer is aware of all factors affecting Buyer's acquisition, registration and/or use of any domain that Buyer negotiates with Seller to purchase. Research includes, but it not limited to, verifying the annual registration fees required to maintain your registration and use of the domain, understanding the conditions and limitations imposed on your registration and/or use of said domain by the registrar and/or registry, and determining whether Buyer's registration and/or use of the domain will infringe upon the rights of any third parties, whether those rights be intellectual property rights or otherwise. Buyer agrees that PerfectDomain.com shall not be liable for any atypical registration policies or fees. Buyer further agrees and understands that PerfectDomain.com makes no representation or warranty with respect to the accuracy and/or veracity of any description provided by Seller.
As a Buyer on the Marketplace, you represent and warrant that (i) you will make any payments that you agree as soon as reasonable possible and in no case later than any timeline otherwise stated or agreed to, (ii) you have the full right, authority and ability to complete a domain name purchase you agree to.
Buyers and Sellers agree to defend, indemnify, and hold harmless PerfectDomain, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Marketplace.
Governing Law, Disputes and Remedies
Any dispute or claim relating in any way to your use of the Marketplace, Service, Website or any product or service offered on or through the Marketplace, Service, Website will be resolved by binding arbitration, rather than in court. You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Nevada (without regard to principles of conflict of laws), will govern these Terms and any dispute of any sort that might arise between you and us.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Paracorp Incorporated, c/o DesignContest LLC, 318 N Carson St., Suite 208, Carson City, NV 89701. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The specific rules that apply may vary depending on whether you are a consumer or as a business. If you are a consumer, the AAA's Supplementary Procedures for Consumer-Related Disputes may apply. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. The AAA's rules will govern payment of all filing, administration and arbitrator fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Clark County, Nevada or at another mutually agreed location.
You and we both agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and we each respectively waive any right to a jury trial. You and we also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Limitation on Time to File Claims
Waiver and Severability
No waiver of by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us .com to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.