Terms

DNBrokers.com – Domain Brokerage Terms and Conditions

Last Updated December 23rd 2024

1. Acceptance of Terms

By using the services provided by DNBrokers.com (hereinafter referred to as “DNBrokers”, “we”, “us”, or “our”), you, the user (hereinafter referred to as “Client”, “you”, or “your”), agree to be bound by these Terms and Conditions. If you do not agree to these terms, you should not use our services.

2. Services Provided

DNBrokers offers domain brokerage services, which include but are not limited to domain acquisition, domain sales, domain valuation, and negotiation services. We act as an intermediary between buyers and sellers of domain names.

3. Representation and Authorization

Seller Representation: When you engage DNBrokers to sell a domain, you represent that you are the legal owner of the domain or have the authority to sell it. You authorize us to act exclusively on your behalf for the sale of the specified domain(s).
Buyer Representation: When you engage DNBrokers to purchase a domain, you authorize us to negotiate on your behalf, including offering prices and terms to domain owners. You agree to provide truthful information about your intentions and financial capability.

4. Fees and Payment

Brokerage Fees: Our fees are outlined at the commencement of each service agreement. These may include upfront fees, commission on successful sales, or a combination thereof. Fees are non-refundable unless otherwise stated in the agreement.
Payment Terms: All payments must be made according to the terms agreed upon. Failure to meet payment obligations may result in the termination of services or legal action to recover fees.

5. Domain Valuation

Any valuation provided by DNBrokers is based on our expertise and market analysis but does not guarantee the sale price or the domain’s future value. Valuations are provided for informational purposes only.

6. Confidentiality

Client Information: We will maintain the confidentiality of all client information, except where disclosure is required by law or to facilitate a transaction.
Domain Information: We will not disclose any information about ongoing negotiations, prices discussed, or personal details of clients to third parties without consent, except as necessary to complete a transaction.

7. Limitation of Liability

DNBrokers is not liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use our services or from any transaction facilitated by us.
We do not guarantee the outcome of any domain acquisition or sale. All transactions carry inherent risks, for which DNBrokers is not responsible.

8. Dispute Resolution

Any disputes arising under or relating to these Terms and Conditions shall be resolved through negotiation. If unresolved, disputes shall be subject to arbitration in Canada. The decision of the arbitrator shall be final and binding.

9. Indemnification

You agree to indemnify and hold harmless DNBrokers, its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including attorney fees) arising from your use of our services, breach of these Terms, or violation of any law or rights of a third party.

10. Termination

Either party may terminate the relationship at any time by written notice. Upon termination, all obligations under this agreement cease, except for those related to payment, confidentiality, and indemnification, which survive termination.

11. Amendments

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective upon posting on our website or notification to you via email. Continued use of our services after such changes constitutes acceptance of the new terms.

12. Governing Law

These Terms and Conditions shall be governed and construed in accordance with the laws of Canada, without regard to its conflict of law provisions.

13. Third-Party Freelancers

Engagement: DNBrokers may occasionally engage third-party freelancers or independent contractors to assist with various aspects of our domain brokerage services. These freelancers are not employees of DNBrokers but are engaged to provide specific services as needed.
Solicitation: While third-party freelancers may be involved in aspects of domain negotiation or acquisition, DNBrokers does not hold these individuals accountable for the solicitation of domain names outside of the scope explicitly agreed upon in their contract with us.
No Liability for Unauthorized Actions: DNBrokers will not be liable for any actions taken by third-party freelancers that are not expressly authorized or directed by DNBrokers. This includes, but is not limited to, the unauthorized solicitation of domain names, sharing of confidential information, or any other activities that do not align with the provided service agreement.
Client’s Responsibility: Clients are advised to report any unsolicited contact or suspicious behavior from individuals claiming to represent DNBrokers. We will investigate such reports and take appropriate action, including disassociating from freelancers who do not adhere to our standards.
Exclusivity: Any agreements or engagements with freelancers are for the purpose of facilitating the services outlined by DNBrokers. Clients should not enter into separate agreements with these freelancers for domain-related services outside of our facilitation, as this could void our protection and services regarding those domains. Please note that while we strive to work with reputable and trustworthy freelancers, their actions outside of our direct control or oversight are beyond our liability. We encourage clients to conduct their business through official channels with DNBrokers to ensure the integrity and security of their domain transactions.

14. Service Level Agreements (SLA)

While DNBrokers strives for high service standards, no specific SLAs are guaranteed unless explicitly outlined in a client’s service agreement.

15. Data Privacy and GDPR Compliance

DNBrokers is committed to protecting your personal data. We comply with data protection laws, including the General Data Protection Regulation (GDPR) where applicable. We handle your data with confidentiality, only using it for the purposes of providing our services or as required by law.

16. Intellectual Property Rights

In any transaction facilitated by DNBrokers, the seller represents that the domain name does not infringe upon any third-party intellectual property rights, including trademarks, copyrights, or other proprietary rights. Buyers agree to use the domain name in compliance with all applicable laws and not to infringe on any existing intellectual property rights. DNBrokers does not warrant or guarantee the absence of IP disputes.

17. Escrow Services

For domain transactions, DNBrokers may recommend or provide an escrow service to secure the transaction. The use of such services, associated fees, and the responsibilities of each party will be outlined in the transaction agreement. DNBrokers is not liable for any issues arising from the escrow process unless explicitly agreed otherwise.

18. Domain Transfer Procedures

Upon agreement of sale, DNBrokers will coordinate the transfer of the domain. Both parties must cooperate in providing necessary information for transfer. The process typically includes domain unlock, authorization code provision, and DNS updates. If transfer fails due to non-cooperation or technical issues, DNBrokers will mediate, but completion is not guaranteed.

19. Warranties and Representations

Sellers warrant that they have full rights to sell the domain free of liens or encumbrances. Buyers represent they have the intent and means to purchase. No other warranties are implied unless expressly stated in the transaction agreement.

20. Force Majeure

DNBrokers shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its control, including but not limited to natural disasters, cyber-attacks, or government actions.

21. Non-Compete/Exclusivity for Freelancers

Freelancers engaged by DNBrokers agree not to solicit or engage with clients for domain-related services outside of their work with DNBrokers for a specified period post-engagement, as defined in their contract.

22. Dispute Over Domain Names

In case of domain name disputes, including those under UDRP, DNBrokers will assist in providing transaction records or other relevant information but does not participate in the dispute resolution process. Clients are responsible for managing their legal representation.

23. Payment Gateway and Financial Transactions

Payments are processed through secure payment gateways. We take reasonable measures to ensure transaction security but are not responsible for unauthorized use of your payment methods. Refunds are processed based on agreement terms, and chargeback disputes must be resolved directly with your bank.

24. Tax Obligations

Clients are solely responsible for understanding and meeting their tax obligations related to domain transactions. DNBrokers does not provide tax advice or withhold taxes on behalf of clients.

25. Amendments and Notifications

Any changes to these Terms and Conditions will be posted on our website and, where feasible, communicated via email. Continued use of our services post-notification constitutes acceptance of new terms. Clients may be required to acknowledge significant changes.

26. Term and Renewal of Service

Service agreements are typically for a specified term, with options for renewal. Automatic renewals will be highlighted in the agreement, and clients can opt-out before the renewal date.

27. Contact Information

For any questions or to make inquiries about these Terms and Conditions, please contact us