This is a formal agreement and it governs your participation in and/or use of those services or benefits available at PerfectDomain.com. In this Agreement, “PD”, “Company”, “we,” “us” or “our” all refer to PerfectDomain.com. By participating in or using the services or features of the PD, or by uploading any domain names or using any of our other services, you are agreeing to be bound by the terms of this Agreement. If you do not wish to become bound by this Agreement, do not access the PerfectDomain.com website (“Site”) or use any of our services.
A. Specific terms
B. General Terms and Conditions
PerfectDomain.com serves as a marketplace for Users to buy and sell domain names. Buyers may utilize the Site and Services to search for domains that Buyer may wish to acquire. Sellers may post domain name(s) they wish to sell.
PerfectDomain.com acts as a broker; a facilitator of potential domain sales and does not have any influence or control over how Users conduct their business on the Site or through the Services.
No Refund Policy – One you buy a domain name that is it! 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.
Before Posting domain name(s) for sale you must - Ensure that the domain name(s) will not expire within sixty (60) days and if they will, add an additional year to the registration.
“Add Domain For Sale” shall mean that you are adding a domain name to the marketplace for sale to any third party.
"Buy it Now" shall mean that you are selling your domain name(s) at a fixed price.
"Domain Sale Agreement" shall mean the offer, acceptance and consideration which is agreed to between the parties through your action of placing a domain name on our site for sale, or your action of accepting to buy a domain name through our site, in both cases for a specific amount of money.
"Make an Offer" shall mean that each domain name has its own sales landing page where there is a form designed to allow a third party to make an offer. When an offer is made, it shall be binding for 7 business days.
"Registrar" The registrar listed on the current WHOIS record for a domain name.
Traffic Report: The traffic report tracks all your domain names in our system. You can view how many people viewed your domain’s listing in a given time period.
How can I manage my newsletter subscription and newsletter preferences? Once logged in to your account, click Dashboard, My Domains and Subscription. The advanced newsletter lets you configure which types of domains you want to receive in your newsletter by updating the conditions. We will search our database and pick the most relevant domains to help you find your perfect domain. Here you can also unsubscribe.
a. All transactions will be handled by escrow as the Escrow agent. PerfectDomain will assist with the domain transfer between buyer and seller.
b. Domain Name Transfers: Upon transfer the Buyer may choose to have the domain name pushed at the current Registrar or requesting an auth code (EPP) and transfer the domain to a different registrar.
c. When a seller adds one or more domain names all domains shall be verified either by: Nameserver or Url Forwarding Or our custom TXT record.
a. The marketplace fee is 10% commission of the gross sale amount. There is an additional 5% fee for featured listings. Shall be a special fee of 8% for all domains using DNS or Url Forwarding to each domains sales page.
b. For assistance with Domain Name Acquisitions we charge the buyer 15% or min fee of $400.
c. For Domain Name Appraisals we charge $250.00
If you wish to purchase any product or service made available through the Service ("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.
How can I view the progress of my purchases and sales? Once logged in to your account, click Dashboard, My Domains and Transfer Center. The Transfer Center contains all inquiries, offers, and transactions in Escrow for your account.
How can I update or edit domains in bulk? Once logged in to your account, click Dashboard, My Domains and Portfolio. Select the domains you wish to edit by ticking the boxes next to the domains and click Bulk Tools. You can edit the following parameters: Category settings, Price Settings, Tags Settings, Bulk Delete domains, Export your portfolio to a file.
The Rest Integration Kit provides partners of PerfectDomain a safe and efficient way to obtain domain services. We provide all needed CRUD features that enable you able to add domains in bulk for sale, search detailed information on domains, update your prices in bulk or delete domains in bulk.
PerfectDomain’s new API makes selling easier than ever. You will be able to save time by integrating our powerful API with your workflow to optimize your time and your business.
You will earn up to 20% of our commission earnings for each domain sale. This includes 15% of the commission earnings for each referral of a buyer who purchases a domain on our platform plus 5% of the commission earnings for each referral of a seller who sells a domain on our platform. We provide banners search boxes links.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. If your account is used by a third party then you are responsible for any actions taken using your username and password even if it is not you making those actions.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
a. You warrant that when you place one or more domain names on our site that you have the legal right and power to sell the domain names;
b. You warrant that when placing one or more domain names on our site that that to the best of your knowledge and belief said domains do not infringe on a third parties rights in such a way that the domain(s) could only be used by such third party. In other words, the domain name(s) are not so specific so they must by their very nature create confusion;
c. Seller's right, title and interest in and to said domain is free and clear of all liens, claims, or encumbrances;
d. Seller's registration and sale of said domain complies with all terms and conditions imposed by the Registrar and the Registry;
e. Seller's registration of said domain is current and not subject to deletion, cancellation or rescission by Registrar or Registry;
f. Any domain you are selling will not expire within sixty (60) days of sale;
g. Any domain you are placing on the site has not been and is not currently the subject of any litigation, arbitration, claim or other legal proceeding, whether past, present, contemplated, threatened;
h. Seller will take all necessary actions in a timely manner to transfer domain names(s) upon completions of a sale;
i. Buyers will pay as agreed as soon as reasonably possible;
j. 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.
General Terms - The terms found in this section apply to all customers irrespective of which PD services are used. If specific terms found in any of the sub-sections conflict then the sub-sections terms shall take precedence
1) NO UNLAWFUL OR PROHIBITED USE: You agree to not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices, in any manner that could damage, disable, overburden, or impair the PD site or any of its services or interfere with any other party's use and enjoyment of the Site or use and enjoyment of third party's intellectual property rights. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the PERFECTDOMAIN.COM Site, through any means.
2) AGE LIMITATION, PRIVACY AND POWER:
2.1 You Must Be Over 18: Use of this site is limited to those over the age of 18 years of age or older. If you are under 18 then your parent or guardian must obtain the account for you and they will be responsible for any of your actions. We do not solicit information from children or collect any such information of any sort.
2.2 Information we collect: When setting up an account or paying money PD participants are required to give their full name, email address, and then billing information through secure third party processors. Additional information is collected from third parties when they interact with our site (see the associated specific terms) PD collects personal information passively, by using cookies & IP addresses to track traffic analytics, to monitor visitors to our site and to prevent fraud. This information is also used to improve the website. We also use third party utilities like google analytics on the site.
2.3 We do not rent, sell or share your personal information unless mandated by law. We may disclose generalized information garnered from all our users in general. We will retain your Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or permitted by law.
2.4 How You can direct us pertaining to your personal data: If you would like to review, correct, update, suppress, restrict or delete Personal Data that you have previously provided to us, or if you would like to receive an electronic copy of your Personal Data for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by law), you can contact us at [email protected], or by mail: ~ Virtual Real Estate Limited, Suite 4, 4 Giros Passage, GX11 1AA, Gibraltar
2.5 If you do not wish to receive sales correspondence you may opt out by emailing us at the above privacy email address. By law clients (not just those in California) who have provided their personal data to us may request, once per calendar year, information about our sharing of certain categories of personal data to third parties for their direct marketing purposes. Please note that we often need to retain certain data for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual data that will remain within our databases and other records, which will not be removed. In addition, there may be certain data that we may not allow you to review for legal, security or other reasons.
2.6 Unless specifically requested, we ask that you not send us, and you not disclose, on or through the Services or otherwise to us, any Sensitive Personal Data (e.g., social security numbers, national identification number, data related to racial or ethnic origin, political opinions, religion, ideological or other beliefs, health, biometrics or genetic characteristics, criminal background, trade union membership, or administrative or criminal proceedings and sanctions).
2.7 If you are representing a company, you represent and affirm that you have the legal right to bind said company.
2.8 You have the right to edit your personal information at any time by logging into your account and or by deleting your account.
3) INTELLECTUAL PROPERTY RIGHTS:
3.1 Our Material: All material on this site, other than the domain names listed by our clients, is owned by PD. All our material is protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent, trade secret and other applicable laws. You agree not to disassemble, decompile, reverse engineer or otherwise modify any of the material on this site. You agree to not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any of the material without the express prior written consent of PD. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable international, federal and state laws. You agree that your use of the site and services are subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of any transmissions through the Services for which you are responsible or which occur through the use of your password.
4) CHOICE OF LAW AND DISCLAIMER: The laws, Jurisdiction and venue for all actions shall be exclusively that of the country of Gibraltar without regard to any conflict of law provisions. You hereby specifically waive any objections pertaining to personal jurisdiction or venue in any actions between you and Company. You further agree that if there is a law suit between us that you will be responsible for all our attorney’s fees and other associated costs unless you can show that we wronged you and we did so intentionally. We are not responsible for negligent or even grossly negligent acts by our employees.
5) LINKS: Links to third-party web sites from our Website are not necessarily under PD's control and we do not assume any responsibility or liability for any content, opinions or materials available at such third-party web sites.
6) AVAILABILITY: We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
7) AMENDMENTS: We may amend this document at any time by posting the changes to this site without any notification to you and all amended terms shall automatically be effective the moment posted. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. Your continued use of the site and service indicates your acceptance of the changes. You may not modify this agreement without written permission from PD.
8) TERMINATION: PD may, in its sole discretion and for any reason, with or without notice, for cause or without cause, terminate your access to the Site and Services. You specifically accept this termination clause and waive any right to object to it in any dispute.
9) WARRANTIES AND DISCLAIMERS: You specifically warrantee that all statements made to us or to any other entity or person are true and correct and hereby indemnify PD for any liability, attorney’s fees or costs arising from any false statement(s) or actions made by you or those acting for you including any one who uses your username and password. You specifically warrant that you have the right and power to all domain names and other information you place on our system. In no event shall PD be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the sites or services, with the delay or inability to use said site or related services, the provision of or failure to provide services, or for any information, software, products, services or otherwise arising out of the use of the site whether based on contract, tort, negligence, gross negligence, strict liability, intentional acts or otherwise, even if PD or any of its associates, suppliers, subcontractors or employees has been advised of the possibility of damages. We make no warranties of any sort. Further, our liquidated damages for any act if we are found to be liable for any act, shall be $50 USD including all costs and attorneys fees. You specifically agree that such an amount is reasonable. You may use this site in accordance with these terms, but entirely at your own risk. While we will strive to provide our services as advertised we do not guarantee any amount of uptime or that the system will work as advertised. If you lose income because you relied on our system then that is your loss, we take no responsibility for it and you agree that we are not responsible. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
10) NOTIFICATIONS: You agree to notify us of any known or suspected wrongful acts or violations of this agreement and failure to do so shall be deemed a breach of this agreement.
If you wish to notify us of any matter the following contact information is provided below:
Virtual Real Estate Limited
Address; Suite 4, 4 Giros Passage
Zip: GX11 1AA
Legal: [email protected]
Sales: [email protected]
Technical Issues: [email protected]
Billing: [email protected]
11) DISCLOSURES: We reserve the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in our sole discretion.
12) THIRD PARTY CLAIMS, NOTIFICATIONS AND DISCLOSURES: DISCLOSURES: As a matter of policy PD will not provide any information about any clients without a valid court order issued from a Gibraltar court. The reason behind this policy is to protect all parties involved. If you are a third party and believe any of the domain names on our site violate your rights please notify us and we will investigate the matter.
13) SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement will remain in full force and effect.
14) WAIVER: No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by any party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.
15) ENTIRE AGREEMENT: This Agreement is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter.
16) YOUR PRIVATE INFORMATION: We do not sell or rent any of your information. We may however use it for our own marketing purposes. You agree that we may use Your Information to contact you and deliver information to you that, in some cases, is targeted to your perceived interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting this Agreement, you expressly agree to receive this information. You can request that we not use your contact information for our own marketing purposes. Such a request can only be made upon the initial set up of the account with PD and must be requested in writing to [email protected]
17) FEES: The costs to setup an account with PD is free. We do however charge for some of our services and you will be charged in accordance with the listed prices unless you make other arrangements with PD personnel. We may change our pricing structure at our sole discretion.
18) WAIVER OF JURY TRIAL: Each of the parties hereto hereby waives, to the fullest extent permitted by applicable law, any right to a trial by jury in any action or proceeding to enforce or defend any rights under these Terms of Service and any amendment, instrument, document or agreement delivered or which may in the future be delivered in connection herewith or therewith, and agrees that any such action or proceeding shall be tried before a court and not before a jury.
19) NO THIRD PARTY BENEFICIARIES: These Terms of Service are made solely for the benefit of User and the Program Parties and their respective successors and assigns, and no other person or entity shall have or acquire any right by virtue of these Terms of Service.
20) PROHIBITION OF ASSIGNMENT: User may not assign any of its rights or delegate any of its duties under these Terms of Service without our prior written consent. Despite such consent, no assignment shall release the assignor of any its obligations or alter any of its primary obligations to be performed under these Terms of Service.
21) SUCCESSORS AND ASSIGNS: Except as otherwise expressly provided in these Terms of Service, these Terms of Service shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties to these Terms of Service.
22) FORCE MAJEURE: If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, government regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance shall be excused.
23) WAIVER: No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms of Service shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by PD in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
24) SEVERABILITY: If a court or an arbitrator of competent jurisdiction holds any provision of these Terms of Service to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be invalid, prohibited or unenforceable in such jurisdiction, it shall, as to such jurisdiction, be so narrowly drawn, without invalidating the remaining provisions of these Terms of Service or affecting the validity or enforceability of such provision in any other jurisdiction.
25) CONTENT DISCLAIMER. NEITHER PD, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ADVISORS, CONTRACTORS, LICENSORS, LICENSEES, SUPDLIERS, VENDORS, ADVERTISERS AND AGENTS ("PD") ARE RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES EXCEPT AS EXPRESSLY SET FORTH HEREIN, NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH USER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PD SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE SUCCESS AT BUYING OR SELLING A DOMAIN NAME OR THAT A PARTICULAR VALUATION OF ONE OR MORE DOMAIN NAMES WILL BE THE AMOUNT THT A SIAD DOMAIN(S) MAY ACTUALLY SELL AT, (B) THAT THE SITE WILL BE UP FOR ANY GIVEN AMOUNT OF TIME. TO THE MAXIMUM EXTENT PERMITTED BY APDLICABLE LAW, IN NO EVENT SHALL PD BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT, NEGLIGENCE, GROSS NEGLIGENCE IN TORT OR UNDER ANY OTHER THEORY OR THE USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF PD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($50.00), WHICH THE PARTIES ACCEPT AS LIQUIDATED DAMAGES.
26) CONFIDENTIALITY: User agrees to safeguard and, except for the benefit of PD, not to disclose to anyone any proprietary or confidential information acquired which User has access to because of the use of PD's services. Such information includes, without limitation, business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.
27) INDEMNIFICATION: User shall indemnify, defend, and hold us harmless from and against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by us ("Losses"), known or unknown, contingent or otherwise, directly or indirectly arising from User's breach of any term or provision of these Terms of Service.
28) ATTORNEY’S FEES: If PD prevails in any action, suit, or proceeding arising from or based upon these Terms of Service, PD shall be entitled to recover from User reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding.
29) HEADINGS: The headings in these Terms of Service are included for convenience only and shall neither affect the construction or interpretation of any provision in these Terms of Service nor affect any of the rights or obligations of the parties these Terms of Service.
30) TAXES: You understand that you are responsible for all of your own taxes and reporting same based on where you live.