Domain Transfer Agreement for India

Domain Transfer Agreement Template for India

A Domain Transfer Agreement is a legally binding document governed by Indian law that facilitates the transfer of domain name ownership from one party to another. The agreement encompasses all aspects of the domain transfer process, including ownership verification, transfer procedures, payment terms, and compliance requirements with both Indian IT laws and international domain registration policies. It addresses technical specifications, legal obligations, warranties, and representations while ensuring adherence to the Information Technology Act, 2000, and other relevant Indian legislation governing digital assets and electronic transactions.

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What is a Domain Transfer Agreement?

The Domain Transfer Agreement serves as a crucial legal instrument for transferring ownership rights of domain names in India. This document is essential when businesses or individuals wish to sell, purchase, or transfer domain names, ensuring a secure and legally compliant transfer process. The agreement incorporates provisions that comply with Indian legislation, particularly the Information Technology Act, 2000, and the Indian Contract Act, 1872, while also adhering to international domain registration standards set by ICANN. It's commonly used in business acquisitions, company rebranding, portfolio consolidation, or when entities need to legally transfer their digital assets. The document includes comprehensive details about the domain transfer process, technical requirements, payment terms, warranties, and obligations of all parties involved, providing a clear framework for the smooth transition of domain ownership.

What sections should be included in a Domain Transfer Agreement?

1. Parties: Identification of the Transferor (current domain owner) and Transferee (new domain owner), including full legal names, addresses, and contact information

2. Background: Context of the agreement, including current domain ownership status and purpose of transfer

3. Definitions: Key terms used throughout the agreement, including technical domain-related terminology

4. Subject Matter: Specific details of the domain name(s) being transferred, including full domain name, registration details, and current registrar

5. Transfer Process: Step-by-step procedure for executing the domain transfer, including technical requirements and timeline

6. Transfer Price and Payment Terms: Financial terms including transfer price, payment method, and payment schedule

7. Representations and Warranties: Statements by both parties regarding domain ownership, rights to transfer, and absence of disputes

8. Transferor's Obligations: Specific duties of the current domain owner, including cooperation with transfer process and providing necessary access codes

9. Transferee's Obligations: Responsibilities of the new domain owner, including payment and compliance with registrar policies

10. Domain Registration Information: Details about updating domain registration information and WHOIS records

11. Completion of Transfer: Conditions for determining when transfer is complete and confirmation process

12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

13. Dispute Resolution: Process for handling disputes related to the transfer or agreement terms

14. General Provisions: Standard contract clauses including notices, amendments, and severability

What sections are optional to include in a Domain Transfer Agreement?

1. Intellectual Property Rights: Additional provisions regarding associated intellectual property, used when domain includes trademarks or branded content

2. Domain Content Transfer: Terms for transferring website content, applicable when website content is included in the transfer

3. Escrow Arrangements: Details of escrow service usage for the transfer, included for high-value domains or complex transactions

4. Ongoing Technical Support: Terms for technical assistance during transition, needed when technical handover is complex

5. Non-Competition Clause: Restrictions on Transferor's future domain activities, used in business-related transfers

6. Confidentiality: Terms for maintaining confidentiality of transaction details, important for business-sensitive transfers

7. Domain Portfolio Transfer: Additional terms for multiple domain transfers, used when multiple domains are involved

What schedules should be included in a Domain Transfer Agreement?

1. Schedule A - Domain Details: Complete technical details of the domain(s) including registration dates, renewal dates, and technical configurations

2. Schedule B - Transfer Procedure: Detailed technical steps and requirements for completing the transfer

3. Schedule C - Payment Schedule: Detailed payment terms and installment schedule if applicable

4. Appendix 1 - Domain Registration Certificate: Copy of current domain registration certificate and WHOIS information

5. Appendix 2 - Authorization Codes: Transfer authorization codes and access credentials (to be provided at time of transfer)

6. Appendix 3 - Current Domain Settings: Technical specifications including DNS settings, mail records, and other configurations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Transfer Agreement

Cost

Free to use
Clauses
Relevant Industries

Technology

E-commerce

Digital Media

Information Technology

Telecommunications

Online Retail

Digital Marketing

Professional Services

Banking and Finance

Education

Healthcare

Real Estate

Manufacturing

Consulting

Relevant Teams

Legal

Information Technology

Digital Operations

Compliance

Technical Operations

Systems Administration

Digital Assets

Corporate Affairs

Intellectual Property

Risk Management

Website Operations

Business Development

Relevant Roles

Legal Counsel

IT Director

Digital Assets Manager

Chief Technology Officer

Domain Administrator

Compliance Officer

Chief Information Officer

Digital Operations Manager

Web Services Manager

Corporate Lawyer

IP Rights Manager

Technical Operations Director

Systems Administrator

Digital Strategy Manager

Business Development Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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