Negociação de Domínios - Termos do Serviço

Terms of Service



DOMAIN NEGOTIATION SERVICE AGREEMENT

The present document establishes the relations and the agreement between RegistroCom.Com Ltda and the Client in this Domain Negotiation Service.


I – SERVICE DEFINITIONS


1) CONCEPT OF SERVICE

RegistroCom.Com’s Domain Negotiation Service is a form of service delivery, where RegistroCom.Com purchases an Internet domain already registered by a third party (Seller – current owner of the domain) by order of the Client, who at the end of the service delivery process shall become the owner of the domain under negotiation.


2) RESPONSIBILITY FOR PAYMENT

Payment for domain price, eventual accessory expenditure, taxes in Brazil and abroadand the remuneration of RegistroCom.Com are the sole responsibility of the Client. RegistroCom.Com is responsible for paying taxes of its own income by service delivery. 


3) RECEIVING VALUES FROM CLIENT PAYABLE TO SELLER

To bring the negotiation into effect the Client (Purchaser) shall deliver RegistroCom.Com the amount due to the Seller, and RegistroCom.Com takes entire responsibility for keeping that sum and giving it due destination, namely, paying the Seller. In that case, RegistroCom.Com, is the trustee of the amount due by the Purchaser to the payment of the Seller’s domain.


4) REGISTROCOM.COM INCOME

RegistroCom.Com’s service delivery income shall consist of an initial fee and a sales commission, to be charged in case the negotiation is successful, as to item 7 - DOMAIN NEGOTIATION SERVICE PRICE in the SERVICE DELIVERY PROVISIONS described below.


II - SERVICE DELIVERY PROVISIONS


1) ON THE CLIENT’S RESPONSE TIME

During the negotiation process, the Client (Purchaser), undertakes to answer our messages within 02 (two) business daysto provide us guidance and inform us about his decisions. In the event we do not receive response from our messages, the process cannot be continued and shall be archived.


1.1) ON CLIENT’S REPRESENTATIVE

During the negotiation process, the Client (Purchaser) shall designate an employee responsible for sending his decisions to the negotiator. All the determinations and instructions sent by the Client’s Representative shall be deemed as orders from the Client. Likewise, purchase offers sent by the Client’s Representative shall be deemed as purchase orders from the Client.


2) ON THE TIME TO PERFORM DOMAIN PAYMENT 

The Client undertakes to effect payment of his offer within maximum 07 (seven) business days counted from the Seller’s date of acceptance. In the event the payment is not performed within this term, the negotiation process shall be duly terminated.


3) ON INFORMATION ABOUT THE NEGOTIATION PROCESS 

Client declares to know and agree with the information and conditions on the Domain Negotiation Service are available at:


4) ON INFORMATION ON STANDARD PAYMENT METHOD

Information on standard payment method for a negotiated domain are available at: Buy and sell. This process is applicable whenever a domain Seller is a Brazilian citizen. For foreign sellers, electing a trustworthy third party abroad shall be made necessary.


5) ON PRELIMINARY BUDGET

After the commencement of a negotiation process, the negotiator in charge shall perform a preliminary study and prepare a market value estimate for the domain considering several factors such as: domain features, similar transactions and complexity of the issue. This value estimate shall establish a range of probable values for the domain (maximum and minimum value). Then, so that the process may proceed, the client shall approve of a preliminary budget, which cannot be lower than the minimum estimated value of the domain.

On the approval of the preliminary budget, the Client, or his representative, undertakes the explicit commitment of purchasing the domain by the approved valued in the budget, or by a lower sum. That only because the negotiator will always attempt to purchase the domain by sums lower than the preliminary budget, with the purpose of defending the Client’s interests.

In special events, to be defined by the negotiator based on the preliminary study, the negotiator may proceed with the negotiation proceedings without the Client’s approval of a preliminary budget.


6) ON THE METHOD TO CONTACT THE SELLER 

At first, contact with the Seller shall be attempted via Internet. In case that method shows ineffective, we will suggest alternative methods to be subjected to Client’s approval.


7) ON DOMAIN NEGOTIATION SERVICE PRICE

Domain negotiation service price shall be composed by an initial fee, added by a commission to be charged in case the negotiation is successful. That means that in the event the domain cannot be purchased, no commission shall be due to RegistroCom.Com.

7.1 – ON THE NEGOTIATION SERVICE PRICE:

7.1.1 – The commission value shall be set in 10% (ten percent) of the value of the domain purchased.

7.3)  ON GRATUITOUSNESS OF THE SAFE INTERMEDIATION SERVICE.

Safe Intermediation Service of RegistroCom.Com shall be free of chargefor domains which are negotiated by using the Safe Domain Negotiation Service of RegistroCom.Com.


8) ON CLIENT’S IDENTITY (Purchaser)

Our Client’s identity (Purchaser) shall be never disclosed to the seller. That is because RegistroCom.Com is used to working with the largest companies operating in Brazil. And if the Seller acquires knowledge on who the Purchaser is, the domain’s price may be aggressively increased. 


9) ON THE SERVICES INCLUDED IN DOMAIN NEGOTIATION 

Once a domain negotiation process is commenced, RegistroCom.Com undertakes designating an experienced negotiator to follow up,conduct and offer suggestions for 30 days or up to the conclusion of the negotiation period (whichever is longer). All the actions performed by the negotiator shall always be done under the Client’s prior approval (Purchaser), who has entire autonomy and control to determine what shall be done at every step of the process. Additionally, all the actions practiced during the negotiation process shall have full transparency towards the Client (Purchaser).


10) ON THE SERVICES NOT INCLUDED IN DOMAIN NEGOTIATION 

Extra services that may be, occasionally,necessary for the domain negotiation process shall only be hired under the Client’s express authorization and their payment shall be the Client’s responsibility. Examples of services that may be necessary during the negotiation process are: Translation and/or researches in exotic languages, investigation service, private detective hiring, etc.


11) AUDITING AND CONCLUSION OF THE NEGOTIATION PROCESS 

To grant total safety for the Client, RegistroCom.Com performs thorough auditing to make sure the Client has every right upon the domain in negotiation and also has its full possession, before allowing the Seller to access the amount due for the sale.

Besides, the domain in negotiation shall be initially transferred to RegistroCom.Com and, only after being in complete safety under temporary possession of RegistroCom.Com, is the domain fully transferred to the Client. That procedure aims to making sure the Seller has no information on the Client until the property is fully consolidated under RegistroCom which shall thence, immediately, transfer definitive property to the Client.


12) JURISDICTION

Any dispute arising from this contracting shall fall under the jurisdiction of Belo Horizonte, state of Minas Gerais, Brazil.