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Policy of purchasing/selling of domain name administration rights ("Domain Marketplace")

The present Policy sets forth the terms and conditions of the provision of purchasing/selling of domain name administration rights (“Domain Marketplace”)

Full and unconditional acceptance of the terms and conditions of the present Policy is:
  • Signing of an Agreement between the Guarantor and the Attorney;
  • Client's payment for the domain name administration right.

1. DEFINITIONS

Attorney - LLC "UKRNAMES" (USREOU code: 38383314), acts on the basis of Agreement and the Power of Attorney on behalf of and at the expense of the Guarantor.

Guarantor - a natural or legal person (resident of Ukraine), who contacted the Attorney in regard to the service of Selling of domain (domain name) registration right with intent to sell the domain.

Client - a natural or legal person, who contacted the Attorney in regard to the service of Purchasing of domain administration right.

Transfer of domain administration right - changing in the Register of information on the domain name and its Administrator, transfer of a domain name in the management of a new Administrator.

Order - the address of the Client to the Attorney in the prescribed by the Attorney form that contains information necessary for the re-registration of the domain name to the new Administrator.

Sale of domain administration right - a service provided by the Attorney to the Guarantor, also referred to as the "domain sale", which lie in: organization of selling of domain administration right on the website of the Attorney, receiving payment from the Client, sending to the domain name Register of applications for re-delegation of domain name to the name of the new Administrator and transfer of the domain name administration right (making the appropriate entry in the Register of domain names) to the Client, payment of remuneration to the Guarantor.

Purchase of domain administration right - a service provided by the Attorney to the Client, also referred to as "domain purchasing", which lie in: receiving payment for the transfer of domain administration right from the Client, sending to the domain name Register of applications for re-delegation of domain name to the name of the new Administrator and transfer of the domain name administration right (making the appropriate entry in the Register of domain names) to the Client. By purchasing the domain administration rights is not implied purchasing of domain SEO indices (Google PageRank, Yandex CY, etc.), or provision of any kind of guarantees regarding the accuracy or storage of domain SEO indices within any time period.

Remuneration - payment of amount received from the Client to the Guarantor less and except the commission of the Attorney and profits tax of natural persons in accordance with the requirements of the Tax Code of Ukraine (in case the Client is natural person, who didn't provide the Attorney with the evidences proving him/her to be an entrepreneur).

2. GENERAL PRINCIPLES AND PROVISIONS

2.1. At time of sale of the domain administration rights the Guarantor shall agree that service contacts of the Attorney (Ukrnames LLC-Domain Shop) will be specified in the WHOIS of the domain name as the data referring to the domain administrator, whereas, the options of domain pushing or transferring to another Registrar are not available. In case of cancellation of the sale of domain administration right, WHOIS of a domain name will contain the data that domain had at time before putting up for sale, push and transfer options become available. In case of a successful sale of domain administration rights, WHOIS of a domain name will contain data referring to a new domain administrator – the Client.

2.4. The Guarantor may put domain administration right up for sale in the following cases:
2.4.1. Agreement between the Guarantor and the Attorney is signed up;
2.4.2. The Guarantor issued a power of attorney to the Attorney;
2.4.3.Domain is serviced by ukrnames.com;
2.4.4. Domain has no restrictions on the part of registrar (status "Blocked"), registry or competent government bodies; 2.4.5. There is no less than 5 (five) days till domain name expiration date;
2.4.6. No less than 5 (five) passed since the last push from the other user of ukrnames.com service;
2.4.7. No less than 5 (five) calendar days passed since the last transfer from the previous registrar;
2.4.8. Account of a user of ukrnames.com service has status “Verified” (the Guarantor signed up the Agreement with the Attorney, issued a power of attorney, submitted verification documents).;
2.4.9. No less than 15 (fifteen) days passed since the last purchase of domain name administration right;
2.4.10. Domain name administration right is not “On sale”, “Has potential buyer” or “Waiting for moderation”;
2.4.11.Information on changes/additions in the present Policy and on the date of their coming into effect are published on the website of ukrnames.com.

3. RIGHTS AND RESPONSIBILITIES OF THE ATTORNEY

3.1. The Attorney shall be obliged to:
  • Sell the domain administrative right to the Client at a price indicated by the Guarantor;
  • Get price on the domain administrative right from the Client indicated by the Guarantor;
  • After the payment on domain name administration right is received, put information about the Client on the domain name Register, transfer the management of domain name to the Client ;
  • Withhold the commission from the Attorney;
  • Withhold and remit income Tax according to the requirements of the Tax Code of Ukraine (in case the Guarantor is a legal person, who did not provide the Attorney with information proving his being entrepreneur);
  • Transfer payable funds for the sale of the domain name administrative right to the Guarantor less and except income tax (in case the Guarantor is a legal person, who did not provide the Attorney with information proving his being entrepreneur) and commission of the Attorney;
3.2. The Attorney shall have the right to refuse to provide service in case:
  • any doubts in reliability of data provided by the Guarantor or the Client appear or domain is the subject to court trial;
  • technical opportunity of service provision is unavailable;
  • the Guarantor is not the domain name administrator;
  • according to the Attorney, domain name contains words that are immoral and inhuman (sexually suggestive words, words insulting human dignity or religious feelings), words that are contrary to the public interests;
  • the Guarantor does not provide requested information or documents to the Attorney.
3.3. The Attorney shall have the right to:
  • require from the Guarantor the provision of additional information or documents aimed at acknowledgement of the sale;
  • perform actions aimed at cancellation of domain administration rights transferring with termination of all the consequences of such a transfer at any time if: after the sale of the domain administration rights has been made, the Attorney is unsure about the legitimacy of performed operation or the Attorney received the information from reliable sources about the impossibility or inadmissibility of the sale and transfer of the domain administration rights by the Guarantor to the Client, or because of court decision or another competent authority which came into legal force and contains demands of operation cancellation, as well as on any other grounds indicating a violation of the rights of third party under the performed operation or other conditions which cause the need to cancel operation.

4. RIGHTS AND OBLIGATIONS OF THE GUARANTOR

4.1. The Guarantor shall be obliged to:
  • to sign an Engagement agreement with the Attorney and issue it a Power of Attorney; immediately notify the Attorney in case of claims by third parties or other circumstances that prevent or can prevent the sale of the domain administration rights;
  • provide the Guarantor with all the necessary documents to sale domain administration rights;
  • in case the Attorney doubts about the legitimacy of sale of domain administration rights, provide upon the request of the Attorney all information or documents requested within 48 hours;
  • renew in his sole discretion the registration of a domain administrated by him, up to the transfer of administration rights to the Client;
  • ensure his consent to transfer the domain administration rights at a price determined by him on the website of the Attorney.

4.2. The Guarantor on the basis of issued Power of Attorney and signed agreement shall have the right to provide for sale the administration rights of any number of domain names administrated by him;

4.2. The Guarantor shall have no right to refuse to sell the domain administration rights and to refuse perform his obligations under the Agreement with the Attorney after the sale of domain administration rights has status "Has the potential buyer" or "Sold" (the Attorney received payment from the Client). In addition, the Guarantor can not transfer the right to administer the domain to a third party by himself or to make a transfer to the another registrar if the sale of domain administration has the status "On sale", "Waiting for moderation "or" Has the potential buyer ".

4.3. The Guarantor acknowledges and guarantees him being the Administrator of a domain and is obliged not to transfer Domain to any third parties, except for the Client, at the time of offering domain administration rights for sale.

4.4. The Guarantor acknowledges and guarantees that domain administration right is free from any encumbrances (domain is not a subject to court trial, etc.), and he is aware of any restrictions connected with realization of domain administration right, as well as of any claims of third parties to the specified administration right.

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