The Domain Name Sale Agreement is a crucial legal document used in Australia when transferring ownership of domain names between parties. It is essential for businesses and individuals engaging in the purchase or sale of domain names, ensuring compliance with Australian legislation including the Electronic Transactions Act 1999 (Cth) and auDA regulations. This agreement is particularly important as domain names represent valuable digital assets and their transfer must be properly documented to protect both parties' interests. The document covers essential elements such as purchase price, payment terms, transfer mechanics, warranties about domain ownership and usage, and specific requirements for Australian domain registries. It's commonly used in business acquisitions, digital asset sales, or when companies rebrand or restructure their online presence.
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1. Parties: Identification of the Seller and Buyer, including full legal names, ABN/ACN if applicable, and contact details
2. Background: Context of the agreement, including brief description of the domain name(s) being sold and the parties' intention to enter into the transaction
3. Definitions: Definitions of key terms used throughout the agreement, including 'Domain Name', 'Transfer Date', 'Purchase Price', 'Registry', and other relevant terms
4. Sale and Purchase: Core agreement to sell and purchase the domain name(s), including the exact domain name(s) being transferred
5. Purchase Price and Payment: Details of the purchase price, payment method, timing, and any escrow arrangements
6. Transfer Process: Step-by-step process for transferring the domain name(s), including timeline and technical requirements
7. Seller's Obligations: Seller's responsibilities including providing transfer codes, removing technical restrictions, and cooperating with the transfer process
8. Buyer's Obligations: Buyer's responsibilities including making payment and completing transfer requirements
9. Warranties and Representations: Warranties from both parties, especially Seller's warranties about domain ownership, rights to sell, and domain status
10. Completion: Requirements for completion of the transfer and timing
11. Governing Law and Jurisdiction: Specification of Australian law as governing law and jurisdiction for disputes
1. Escrow Arrangements: Details of escrow service usage when parties agree to use a third-party escrow service for the transaction
2. Intellectual Property Rights: Additional provisions when the domain includes trademarks or other intellectual property
3. Domain History Declaration: Detailed history of domain usage when buyer requires this information
4. Confidentiality: Confidentiality provisions when parties wish to keep the transaction private
5. Tax Provisions: Specific tax-related provisions for high-value domains or business asset transfers
6. Dispute Resolution: Detailed dispute resolution procedures beyond standard jurisdiction clause
7. Post-Completion Obligations: Any continuing obligations after transfer, such as technical support or transition assistance
1. Domain Details Schedule: Detailed information about the domain(s) including registration date, expiry date, hosting details, and current DNS settings
2. Transfer Procedure: Technical step-by-step process for domain transfer including registry-specific requirements
3. Payment Schedule: Payment terms and installments if payment is not made as a single sum
4. Due Diligence Results: Results of any due diligence conducted on the domain name(s), including traffic statistics and revenue history if applicable
5. Related Assets: List of any additional assets included in the sale (e.g., logos, content, social media accounts)
Relevant legal definitions
Agreement
Business Day
Completion
Completion Date
Confidential Information
Domain Name
Domain Registration
Domain Registrar
DNS Records
Effective Date
Encumbrance
Escrow Agent
Escrow Agreement
GST
Intellectual Property Rights
Purchase Price
Registry
Related Domain Names
Seller's Warranties
Transfer Authorization Code
Transfer Period
Transfer Process
WHOIS Data
auDA
Authorization Documents
Designated Account
Domain Assets
Domain History
Domain Services
Hosting Provider
Nameservers
Payment Date
Registration Period
Technical Documentation
Third Party Rights
Transfer Confirmation
Transfer Instructions
Website Content
Business Day
Completion
Completion Date
Confidential Information
Domain Name
Domain Registration
Domain Registrar
DNS Records
Effective Date
Encumbrance
Escrow Agent
Escrow Agreement
GST
Intellectual Property Rights
Purchase Price
Registry
Related Domain Names
Seller's Warranties
Transfer Authorization Code
Transfer Period
Transfer Process
WHOIS Data
auDA
Authorization Documents
Designated Account
Domain Assets
Domain History
Domain Services
Hosting Provider
Nameservers
Payment Date
Registration Period
Technical Documentation
Third Party Rights
Transfer Confirmation
Transfer Instructions
Website Content
Clauses
Interpretation
Definitions
Sale and Purchase
Purchase Price
Payment Terms
Domain Transfer
Seller Obligations
Buyer Obligations
Warranties and Representations
Title and Ownership
Intellectual Property
Domain Registration Status
Transfer Process
Completion Requirements
Escrow Arrangements
Confidentiality
Tax Provisions
GST
Regulatory Compliance
Technical Requirements
Due Diligence
Domain History
Risk and Insurance
Dispute Resolution
Governing Law
Force Majeure
Notices
Assignment
Entire Agreement
Severability
Costs
Further Assurance
Counterparts
Electronic Execution
Definitions
Sale and Purchase
Purchase Price
Payment Terms
Domain Transfer
Seller Obligations
Buyer Obligations
Warranties and Representations
Title and Ownership
Intellectual Property
Domain Registration Status
Transfer Process
Completion Requirements
Escrow Arrangements
Confidentiality
Tax Provisions
GST
Regulatory Compliance
Technical Requirements
Due Diligence
Domain History
Risk and Insurance
Dispute Resolution
Governing Law
Force Majeure
Notices
Assignment
Entire Agreement
Severability
Costs
Further Assurance
Counterparts
Electronic Execution
Relevant Industries
Technology
E-commerce
Digital Media
Professional Services
Retail
Financial Services
Healthcare
Education
Real Estate
Telecommunications
Marketing and Advertising
Consulting Services
Relevant Teams
Legal
Information Technology
Digital Operations
Marketing
Compliance
Business Development
Brand Management
Corporate Communications
Information Security
Technical Operations
Relevant Roles
Chief Technology Officer
Digital Assets Manager
Legal Counsel
IT Director
Domain Portfolio Manager
Business Development Manager
Chief Marketing Officer
Compliance Officer
Digital Strategy Director
Corporate Lawyer
Web Services Manager
Brand Manager
Information Security Manager
Operations Manager
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