The Domain Name Sale Agreement is essential for businesses and individuals engaging in the purchase or sale of domain names in New Zealand. This document is used when transferring ownership of digital assets, specifically domain names, from a seller to a buyer. It encompasses all necessary legal and technical requirements under New Zealand law, including compliance with the Contract and Commercial Law Act 2017 and Domain Name Commission regulations. The agreement is particularly important in the digital age where domain names represent significant business assets and may carry substantial value. It includes provisions for ownership verification, payment terms, transfer procedures, warranties, and dispute resolution mechanisms. The document should be used whenever a domain name transfer occurs to ensure legal protection for all parties and proper documentation of the ownership change.
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1. Parties: Identification of the Seller and Buyer with full legal names and contact details
2. Background: Context of the agreement, including current ownership status of the domain name and intention to transfer
3. Definitions: Key terms used throughout the agreement including 'Domain Name', 'Transfer Date', 'Registration Authority', etc.
4. Subject Matter: Specific details of the domain name(s) being sold and current registration status
5. Purchase Price and Payment: The agreed purchase price, payment method, and timing of payment
6. Transfer Process: Step-by-step process for transferring the domain name, including technical requirements
7. Seller's Warranties: Seller's representations regarding ownership, right to sell, and domain status
8. Buyer's Warranties: Buyer's representations regarding legal capacity and intended use
9. Completion of Transfer: Conditions for completing the transfer and verification process
10. Governing Law and Jurisdiction: Specification of New Zealand law as governing law and jurisdiction for disputes
1. Escrow Arrangements: Details of escrow service if being used to secure the transaction
2. Intellectual Property Rights: Additional provisions if the domain includes or relates to trademarks or other IP
3. Domain History: Details of past usage and traffic if relevant to the sale value
4. Ongoing Technical Support: Any post-transfer technical support or assistance agreed between parties
5. Non-Compete Provisions: Restrictions on seller's future domain registrations if agreed
6. Confidentiality: If the parties wish to keep the transaction details private
7. Domain Content Transfer: If website content or data is included in the sale
8. Dispute Resolution: Specific dispute resolution procedures beyond standard legal proceedings
1. Domain Details Schedule: Technical details of the domain including registration numbers, expiry dates, and hosting information
2. Transfer Procedure: Detailed technical steps for domain transfer process
3. Proof of Ownership: Documentation proving seller's ownership and registration history
4. Payment Schedule: If payment is to be made in installments or involves multiple domains
5. Domain Name Commission Requirements: Specific requirements for .nz domain transfers
6. Current Domain Settings: Technical specifications including DNS settings, mail servers, etc.
Relevant legal definitions
Agreement
Business Day
Completion Date
Confidential Information
Domain Name
Domain Name Commission
Domain Name Provider
Domain Name System (DNS)
Domain Registration
Effective Date
Escrow Agent
ICANN
Intellectual Property Rights
InternetNZ
Material Adverse Change
Name Servers
Purchase Price
Registrant
Registration Authority
Registration Period
Seller's Account
Settlement Date
Transfer Authorization Code
Transfer Process
Transfer Date
WHOIS Database
Working Hours
Business Day
Completion Date
Confidential Information
Domain Name
Domain Name Commission
Domain Name Provider
Domain Name System (DNS)
Domain Registration
Effective Date
Escrow Agent
ICANN
Intellectual Property Rights
InternetNZ
Material Adverse Change
Name Servers
Purchase Price
Registrant
Registration Authority
Registration Period
Seller's Account
Settlement Date
Transfer Authorization Code
Transfer Process
Transfer Date
WHOIS Database
Working Hours
Clauses
Transfer of Ownership
Payment Terms
Representations and Warranties
Domain Transfer Process
Intellectual Property
Confidentiality
Technical Requirements
Registration and Transfer
Seller Obligations
Buyer Obligations
Escrow Arrangements
Risk and Title
Completion Requirements
Dispute Resolution
Force Majeure
Assignment
Entire Agreement
Governing Law
Severability
Notices
Amendments
Third Party Rights
Data Protection
Non-Competition
Further Assurance
Payment Terms
Representations and Warranties
Domain Transfer Process
Intellectual Property
Confidentiality
Technical Requirements
Registration and Transfer
Seller Obligations
Buyer Obligations
Escrow Arrangements
Risk and Title
Completion Requirements
Dispute Resolution
Force Majeure
Assignment
Entire Agreement
Governing Law
Severability
Notices
Amendments
Third Party Rights
Data Protection
Non-Competition
Further Assurance
Relevant Industries
Technology
E-commerce
Digital Media
Information Technology
Online Retail
Digital Marketing
Professional Services
Telecommunications
Web Services
Digital Asset Management
Relevant Teams
Legal
Information Technology
Digital Operations
Compliance
Business Development
E-commerce
Digital Strategy
Systems Administration
Intellectual Property
Risk Management
Relevant Roles
Legal Counsel
IT Manager
Digital Asset Manager
Chief Technology Officer
Domain Administrator
Compliance Officer
Business Development Manager
E-commerce Manager
Digital Operations Manager
Web Services Manager
Intellectual Property Lawyer
Systems Administrator
Online Business Owner
Digital Strategy Director
Corporate Counsel
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