GENERAL TERMS AND CONDITIONS FOR DOMAIN MANAGE DOT COM LTD SERVICES (Terms)
1. ABOUT US
We are Domain Manage Dot COM Ltd (trading as Domain Manage), a company registered in England and Wales under company number: 14657229. Our registered office is at: 1 Mayfair Place, London, United Kingdom, W1J 8AJ.
2. HOW TO CONTACT US
You can contact us by sending an email to [email protected]
3. THESE TERMS
3.1 These terms apply to any purchases you make on our website. Please read these terms carefully before you place any orders on our site, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.
3.2 For the purposes of these Terms, you are a ‘Consumer Client’ if you are using our Services via using our Website as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘Business Client’ if you are using our Services via using our Website for purposes relating to your trade, business, craft or profession. Some sections of these Terms only apply to you if you are a Consumer Client and other terms only apply to you if you are a Business Client, so please make sure you read these Terms carefully.
4. DEFINITIONS
For the purpose of these Terms, the terms and expressions used herein shall have the following meaning:
- Applicable Data Protection Laws mean:
a. To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data.
b. To the extent the EU GDPR applies, the law of the law of the European Union or any member state of the European Union to which the Supplier is subject, which relates to the protection of personal data. - Black Hat SEO means a set of practices that are used to increases a site or page’s rank in search engines through means that violate the search engines’ terms of service.
- Business Client means as defined in clause 3.2.
- Business Days means a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
- Buyer means the party wishing to acquire a domain name from the Seller.
- Domain Manage, we, us, our means Domain Manage Dot UK Ltd, with the registration number 14657229 located at 1 Mayfair Place, London, United Kingdom, W1J 8AJ.
- Domain Manage Account means an account with us in which you can buy, sell or lease domain names.
- Commission means the 15% of the Domain Name Price or the payment price agreed under the Lease Agreement that is payable to Domain Manage for the services provided under these Terms.
- Consumer Client means as defined in clause 3.2.
- Counteroffer means The Seller’s response to an Offer, proposing modified terms or feed continued with a negotiation process.
- Disclaimer means Domain Manage Legal Disclaimer notice accessed via our disclaimer page.
- DNS means domain name server, the system that automatically translates internet addresses to the numeric machine addresses that computers use.
- Domain Name Price means the price agreed to between a Buyer and a Seller for the transfer or Lease To Own Arrangement of a domain name.
- EU GDPR means the General Data Protection Regulation ((EU) 2016/679) as it has effect in EU law (see section 3(10)(A) of the Data Protection Act 2018, as inserted by paragraph 4(5) of Schedule 2 to the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (SI 2019/419))
- Force Majeure means as described in clause 18.
- Intellectual Property Rights means patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- Lease To Own Arrangement means where the Lessee grants to the Lessor the right to use a specified domain for a defined period, subject to these Terms.
- Offer means formal proposal of a Buyer expressing their willingness to either buy or lease domain names via Domain Manage.
- Parties means Domain Manage and the User. In this respect, either party may individually be referred to as the “Party.”
- Seller means the party offering a domain name for sale or lease on the Website.
- Services means products and services purchased or accessed through Website as described in clause 6.1.
- Stripe means Stripe Payments UK, Ltd located at 7th Floor, The Bower Warehouse, 211 Old Street, London EC1V 9NR, United Kingdom.
- UK GDPR has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
- User, you, your means a Consumer Client and/or Business Client that has agreed to these Terms to use the Services.
- Vercel means Vercel Inc. located at 440 N Barranca Ave #4133 Covina, CA 91723.
- Website means https://www.domainmanage.com
5. Interpretations
In these Terms: (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural and vice versa; (c) a reference to a “person” includes an individual, company, partnership or other legal entity; (d) “including”, “in particular” and similar expressions are illustrative and do not limit the words that precede them; (e) a reference to a statute or statutory provision is to it as amended or re-enacted from time to time; and (f) any reference to “writing” or “written” includes email.
6. Our Services
We operate an online marketplace and brokerage that connects Buyers and Sellers of domain names and related digital assets. Our services include: listing and facilitating the sale and purchase of domain names; presenting and relaying offers and counteroffers between Buyers and Sellers; facilitating and supporting the secure transfer of domain ownership; Lease To Own arrangements for eligible domains; domain valuation; domain financing (“Domain Loans”); and domain parking. Unless expressly stated otherwise, we act as an intermediary that facilitates transactions between Buyers and Sellers; we are not the owner of the domain names listed by third-party Sellers. Where we hold payment on behalf of a Buyer, we release it to the Seller only once the domain has been transferred to the Buyer, less our Commission. We may add to, withdraw or change our services at any time.
7. How you may use our services and website
You agree to use our website and services only for lawful purposes and in accordance with these Terms. You agree to provide accurate, current and complete information when placing an order or making an offer, and to keep your account details secure. You must not: use our services to breach any applicable law or third-party right; attempt to gain unauthorised access to our systems; introduce viruses or malicious code; scrape, copy, resell or systematically extract content from the website; or use the website in any way that could damage, disable or impair it. All content on the website (including text, graphics, logos and software) is owned by or licensed to us and is protected by intellectual property laws; you may use it only as necessary to use our services. We may suspend or withdraw your access if you breach these Terms.
8. Offers and counteroffers
Where a domain listing allows offers, you may submit an offer through the website. Submitting an offer is an invitation to the Seller to sell at the price you propose; it does not create a binding contract until the Seller accepts it. The Seller may accept, decline or make a counteroffer, which we will relay to you. A counteroffer replaces any previous offer. A binding agreement to purchase is formed only when an offer or counteroffer is accepted by the other party and we issue you a checkout link or order confirmation. Offers are made in good faith, and by submitting one you confirm you intend and are able to complete the purchase at the offered price if it is accepted. We may set minimum offer thresholds and may decline or remove offers that appear to be fraudulent, abusive or made in bad faith.
9. Lease to own arrangement specific terms
For eligible domains we may offer a Lease To Own Arrangement, allowing a Buyer to pay the Domain Name Price in agreed instalments over a fixed term while using the domain, with ownership transferring once all payments are made in full. During the term: the domain remains under our (or the Seller’s) control and is licensed to you for use; you must keep to the agreed instalment schedule; and you may not sell, transfer, encumber or move the domain without our written consent. If an instalment is missed, we will notify you and allow a cure period of 12 days; if payment is not made, we may suspend your use of the domain and, following a further 12 days, terminate the arrangement. On termination for non-payment, the domain (and any use rights) revert to us or the Seller, and instalments already paid may be retained to cover use of the domain, our costs and losses, save where the law requires otherwise. Full ownership and control transfer to you only once the total price and any applicable fees have been paid in full and cleared.
10. Complaints
We want you to be happy with our service. If something has gone wrong, please contact us at [email protected] with your name, order reference and a description of the issue. We will acknowledge your complaint within 1 business day and aim to provide a full response within 2 business days. We will keep you updated if we need more time to investigate. This complaints process does not affect your statutory rights.
11. Limitation of liability
Nothing in these Terms limits or excludes our liability where it would be unlawful to do so, including for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. Subject to that: we provide the marketplace as an intermediary and are not responsible for the accuracy of Seller-provided listings, or for any dispute between a Buyer and Seller beyond our role in facilitating the transaction; we are not liable for any loss of profit, loss of business, loss of anticipated savings, or any indirect or consequential loss; and our total liability to you arising out of or in connection with any transaction shall not exceed the amount paid by you for the relevant domain. If you are a Consumer Client, this section does not affect your statutory rights, and we are responsible for foreseeable loss and damage caused by us. If you are a Business Client, these limitations apply to the fullest extent permitted by law.
12. Indemnification
You agree to indemnify and hold us (and our officers, employees and agents) harmless from and against any claims, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with: your breach of these Terms; your misuse of our website or services; your infringement of any third-party right (including intellectual property rights); or, where you are a Seller, any claim that a domain you listed or sold was not lawfully yours to sell or infringed a third party’s rights.
13. Data Processing
We process personal data in accordance with the UK GDPR, the EU GDPR (where applicable) and the Data Protection Act 2018, as described in our Privacy Policy. In providing our services we act as a controller of the personal data you provide (for example, your contact and payment details), and we use it to operate your account, process transactions, provide customer support and meet our legal obligations. We do not sell your personal data. Where we share data with payment providers, registrars or other partners, we do so only as necessary to deliver the service and under appropriate safeguards. For full details of what we collect, how we use it, how long we keep it and your rights, please see our Privacy Policy.
14. Confidentiality
Each party may receive confidential information from the other in connection with a transaction (including offer amounts, personal details and commercial terms). Each party agrees to keep the other’s confidential information confidential, to use it only for the purpose of the transaction, and not to disclose it to third parties except: to its staff, advisers or service providers who need it (and who are under equivalent obligations); or where disclosure is required by law, regulation or a court or regulator. This obligation does not apply to information that is or becomes publicly available other than through a breach of these Terms.
15. Notices
Any notice you send us under these Terms should be sent by email to [email protected] or by post to Domain Manage Dot COM Ltd, 1 Mayfair Place, London, W1J 8AJ. We will contact you using the email address or postal address you provided when placing your order or registering your account. Notices sent by email are treated as received on the day they are sent (or the next business day if sent outside business hours); notices sent by post are treated as received two business days after posting. It is your responsibility to keep your contact details up to date.
16. Termination
You may stop using our services and close your account at any time. We may suspend or terminate your access to the website or services, or cancel a transaction, if: you breach these Terms; we reasonably suspect fraudulent, unlawful or abusive activity; or we are required to do so by law. Termination does not affect any rights, obligations or liabilities that accrued before it, including any obligation to pay amounts already due (for example, outstanding instalments under a Lease To Own Arrangement). Any provisions that by their nature should survive termination — including limitation of liability, indemnification, confidentiality and governing law — will continue to apply.
17. Force Majeure
We are not liable for any failure or delay in performing our obligations where that failure or delay results from events beyond our reasonable control, including (without limitation) acts of God, war, terrorism, civil unrest, epidemic or pandemic, strikes or industrial action, failure of utilities or telecommunications, cyber-attack, or the acts or omissions of registries, registrars, payment providers or other third parties. If such an event occurs, we will let you know and our obligations will be suspended for the duration of the event; if it continues for more than 30 days either party may cancel the affected transaction and we will refund any sums paid for services not yet provided.
18. Miscellaneous
These Terms, together with our Privacy Policy and any order confirmation, form the entire agreement between you and us relating to their subject matter and supersede any prior arrangements. If any provision is found to be invalid or unenforceable, the remaining provisions will continue in full force. Our failure to enforce any provision is not a waiver of it. You may not transfer or assign your rights or obligations under these Terms without our written consent; we may assign or transfer ours to another entity. No third party has any rights to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999. These Terms are governed by the laws of England and Wales. If you are a Consumer Client you may bring proceedings in the courts of the part of the UK in which you live; otherwise, the courts of England and Wales have exclusive jurisdiction.
19. Abuse Reporting
Domain Manage is committed to maintaining the integrity and security of the domain names we manage. If you believe that a domain registered through us is being used for illegal or abusive purposes, including phishing, malware, spam, fraud, copyright infringement or other unlawful activity, please notify us as soon as possible.
To report abuse, please email [email protected] with as much relevant information as possible, including the domain name, details of the suspected abuse, and any supporting evidence or screenshots.
We will review all reports promptly and, where appropriate, investigate the matter in accordance with our legal and regulatory obligations, including Nominet's & ICANN Registrar Agreement.