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Standard Terms and Conditions of Sale

Website: www.dotcomagency.com
VAT Number: 795 2745 82
V3.1 27th March 2006

IMPORTANT: Please read the following wording carefully as it contains the terms and conditions ("the Conditions") upon which DOTCOM Agency, a trading name of Traffic Names Ltd, of 3 Wesley Gate, Queens Road, Reading, Berkshire RG1 4AP, UK ("DOTCOM Agency") contracts with you ("the Buyer") for the sale of Domain Name(s). Domain Name(s) means the Internet domain name(s) which are sold to the Buyer in accordance with these Conditions.

The Buyer should be aware that the continued ownership of the Domain Name(s) requires an ongoing payment of fees to the applicable domain name registry. DOTCOM Agency takes no responsibility for the payment of such fees that may become due after the transfer of the Domain Name(s) has been affected. Failure to pay such fees to the applicable domain name registry may result in the loss of the ownership of the Domain Name(s).

1. QUOTATION AND ACCEPTANCE PROCESS
1.1. The Buyer is invited to review the Internet domain names and minimum offer values displayed on DOTCOM Agency’s Website.

1.2. Minimum offer values quoted on the Website are an invitation to treat and do not constitute an offer to sell. These values may be altered or withdrawn at any time.

1.3. To express an interest in one or more of the Internet domain names, the Buyer should complete the "Make Offer" form on the Website.

1.4. If the Buyer’s offer is accepted DOTCOM Agency will contact the Buyer by email confirming its acceptance. A contract, on these Conditions, shall be in force between DOTCOM Agency and the Buyer from the time when this email is accessible by the Buyer.

1.5. All offers accepted by DOTCOM Agency shall be on the Conditions and any amendments or alternative terms and conditions introduced by the Buyer will be of no effect in relation to this purchase.

1.6. DOTCOM Agency reserves the right to withdraw from the transaction at any time up until the contract is in force under clause 1.

2. PURCHASE PRICE
In consideration of the sum agreed ("the Purchase Price") between the parties that is to be paid to DOTCOM Agency in accordance with clause 3, DOTCOM Agency hereby agrees to transfer the absolute beneficial and legal ownership in the Domain Name(s) to the Buyer (or to such other person as the Buyer may notify to DOTCOM Agency in writing) on the terms set out in these Conditions.

3. PROVISION FOR PAYMENT & TRANSFER
3.1. As soon as is practical after the contract is in force under clause 1 of these Conditions, DOTCOM Agency will notify the Buyer of the payment options available.

3.2. Upon the Buyer receiving the notification specified in clause 3.1, the Buyer will submit the Purchase Price to DOTCOM Agency.

3.3. As soon as is practical after DOTCOM Agency has received and verified payment of the Purchase Price, DOTCOM Agency will set up an account with Registration Agency on behalf of the Buyer (using the details provided by the Buyer under clause 1) for the purpose of affecting the transfer of the Domain Name(s). DOTCOM Agency will notify the Buyer by email with details of such account and the password required to access it. The Buyer shall log on to www.registrationagency.com and use the password to access the accounts and amend the ownership details of the Domain Names(s) in order to affect the transfer. The Buyer shall then also change the password in order to safeguard against unauthorized access. DOTCOM Agency’s Registration Agent will update the relevant domain name registry’s WHOIS database accordingly.

3.4. The Buyer acknowledges that the completion of transfer of the Domain Name(s) may take in excess of 30 days from the date on which the contract is in force under clause 1.

4. WARRANTY
4.1. DOTCOM Agency warrants to the Buyer that DOTCOM Agency is the absolute beneficial and legal owner of the Domain Name(s).

4.2. DOTCOM Agency warrants to the Buyer that no registration fees for the Domain Name(s) are outstanding at the date when the transfer has been affected. The Buyer acknowledges that the continued ownership of the Domain Name(s) requires the ongoing payment of fees to the applicable domain name registry. DOTCOM Agency takes no responsibility for the payment of such fees that may become due after the transfer of the Domain Name(s) has been affected.

5. INDEMNITY
To the fullest extent permitted by law, the Buyer will indemnify DOTCOM Agency against all damages, losses, expenses, liabilities, costs, claims, actions, demands and proceedings arising out of the transfer of the Domain Name(s) and the use of the Domain Name(s) after the transfer has been affected.

6. LIMITATION ON LIABILITY
6.1. The Domain Name(s) are sold on an "as is" basis and except as expressly provided in these Conditions, no representation, warranty, or condition, express or implied, statutory or otherwise, as to condition, satisfactory quality, performance or fitness for purpose or otherwise is given by DOTCOM Agency, and all such representations, warranties and conditions are excluded except to the extent that their exclusion is prohibited by law. Vendor has not carried out any investigations (including trademark and company registration searches) as to whether the ownership or use of the Domain Name(s) infringes any third party rights or contravenes any applicable laws or regulations.

6.2. Nothing in these Conditions shall exclude DOTCOM Agency’s liability for death or personal injury caused by its negligence. DOTCOM Agency will not be liable to the Buyer under or in connection with the contract in force under clause 1 and these Conditions, whether in contract, tort, (including negligence in each case), misrepresentation (other than where made fraudulently), breach of statutory duty or otherwise for:

1. any loss of business, contracts, profits, anticipated savings, goodwill, or revenue;
2. any loss or corruption of data; and/or
3. for any indirect or consequential loss whatsoever incurred by the Buyer,

whether or not DOTCOM Agency was advised in advance of the possibility of any such loss.

6.3. The aggregate and cumulative liability of DOTCOM Agency for direct losses under contract, tort, (including negligence in each case), misrepresentation (other than where made fraudulently), breach of statutory duty or otherwise shall not exceed the Purchase Price paid by the Buyer to DOTCOM Agency.

7. CANCELLATION
7.1. Where the Buyer is a natural person who is acting outside of his business, he will be entitled to terminate the contract in force under clause 1 on notice to DOTCOM Agency without cost or penalty within 7 days from the date of the formation of this contract under clause 1.

7.2. If payment of the Purchase Price is not received by DOTCOM Agency within 14 days from the date of the formation of the contract under clause 1, then DOTCOM Agency has the right to terminate the contract without further notice or notification.

8. CONTACT
8.1. The Buyer may address any questions or concerns relating to the transfer of the Domain Name(s) to DOTCOM Agency at the address set out above.

8.2. Any notice under these Conditions shall be served on the relevant party by pre-paid post or email.

9. NOTICE
Either party may publish and make freely available details of the Domain Name(s) and the Purchase Price.

10. AMENDMENTS
Any amendment to these Conditions must be in writing signed by all parties. Either party may change its address for service by notifying the other party in writing.

11. GOVERNING LAW AND JURISDICTION
The contract in force under clause 1 and these Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.

12. SEVERABILITY
12.1. If any clause of these Conditions, or any part of a clause, is found by any court, regulatory or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the clause (or the part) in question is not of a fundamental nature to these Conditions as a whole, the legality, validity and enforceability to the remainder of these Conditions (including the remainder of the clause which contains the relevant provision) shall not be affected.

12.2. If the foregoing applies, the parties shall use all reasonable endeavours to agree upon any lawful and reasonable variations to these Conditions which may be necessary in order to achieve, to the greatest extent possible, the same effect as would have been achieved by the clause, or part of the clause in question.

13. ENTIRE AGREEMENT
13.1. These Conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of the contract in force under clause 1.

13.2. Each party acknowledges that it has not relied on any statements, warranties or representations given or made by any other party under or in relation to the contract in force under clause 1, save those expressly set out in these Conditions. Each party further acknowledges that it shall have no rights or remedies with respect to such subject matter other than under these Conditions.

13.3. Nothing in this clause excludes or restricts the liability of either party arising out of fraud or fraudulent misrepresentation.

13.4. In the event of any conflict between these Conditions with any of the documents referred to in it, these Conditions shall take precedence.

14. THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
These Conditions are not intended to be for the benefit of, and shall not be enforceable by, any person who is not a party to it under the Contracts (Rights of Third Parties) Act 1999 or otherwise and no party to these Conditions can declare itself a trustee of the rights under it for the benefit of any third party.