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.