BROKER'S MANDATE ​

The Service Provider:

Efty Pay B.V., a private limited liability company incorporated under Dutch Law, having its registered office in Groningen, the Netherlands, and having its business address at Zuiderpark 17 (9724 AG) Groningen (hereinafter: the Service Provider);

The Broker:

The individual or legal entity which has registered himself/herself/itself on one or more digital service platforms supported by the Service Provider by which domain names and other digital assets (hereinafter: Digital Assets) can be offered and accepted (hereinafter: the Platforms and each of them individually a Platform) as an entrepreneur/enterprise with a business in providing services as a broker of such Digital Assets (hereinafter: the Broker);

Parties agree as follows:

Article 1 Definitions, applicability Terms & Conditions

The terms used in this document with a capital have the specified meaning as described in the General Terms and Conditions of Efty Pay B.V. (hereinafter: the Terms & Conditions), the applicability of which have been agreed upon by the Broker. The Broker confirms that it has taken knowledge of and agrees with the content of the Terms & Conditions.

Article 2 Appointment of the Service Provider as Mandatary

The Broker appoints the Service Provider as Mandatary, and the Service Provider hereby accepts that appointment, for the purpose of providing services regarding the sale and purchase and/or hire purchase (lease to own) of any Digital Asset offered for sale by the Broker on behalf of a Principal as further described in the following provisions (hereinafter: the Mandate).

Article 3 Obligations of the Service Provider as Mandatary

  • The Service Provider shall fulfil its obligations making use of a Platform.
  • In case the Broker and a Buyer agree on the sale and purchase and/or hire purchase (lease to own) of a certain Digital Asset for a certain Purchase Price, the Service Provider shall conclude the Agreement on behalf and in the name of the Broker acting on behalf of a Principal.
  • The Service Provider shall forward to the Broker without delay the concluded Agreement and any ancillary agreement to which the Broker is a party.
  • In case the parties to an Agreement have agreed to make use of the Custodian for the transfer of one or more certain Digital Assets, the Service Provider shall transfer the Digital Asset to the Custodian upon conclusion of the Agreement, together with the Transfer Information provided to it by the Broker and give any instruction to the Custodian it deems necessary for the execution of the sale and purchase of the Digital Asset(s).
  • In case the parties to an Agreement have agreed to make use of the Custodian for the transfer of one or more certain Digital Assets, the Service Provider shall endeavour to collect the Purchase Price, and in case of Hire Purchase Agreement (Lease to Own) the Instalments and/or Service Charge upon the transfer of the Digital Asset(s) to the Custodian.
  • Upon receipt by the Service Provider of the full Purchase Price, the Service Provider shall (i) provide the Buyer, or – in case the services of the Custodian are being used – procure the Custodian to provide the Buyer, with the Transfer Information for transferring the Digital Asset and (ii) transfer the Purchase Price and in case of a Hire Purchase Agreement (Lease to Own) the Instalments and/or Service Charge minus the Fee to the Broker.

Article 4 Obligations of the Broker

  • The Broker declares and guarantees that it is fully mandated by the Principal to sell the Digital Asset(s) on its behalf and is authorised to grant the Mandate to the Service Provider in name and on behalf of the relevant Principal and to enter into any Agreement and any and all reasonable ancillary agreements. The Broker will provide proof of its mandate and authorisation at first request of the Service Provider.
  • The Broker declares and guarantees that the Service Provider will be entitled to fulfil all its obligations under any Agreement concluded between the Broker and a Buyer via the Broker.
  • The Broker shall accept and fulfil any and all Agreements and all reasonable ancillary agreements concluded by the Service Provider on behalf and in name of the Broker, as well as any further reasonable actions taken by the Service Provider in the fulfilment of the Service Provider's obligations under the Mandate.

Article 5 Fee

  • The Service Provider shall invoice the Broker the Fee specified in the Terms & Conditions.
  • The Service Provider shall be entitled to deduct the Fee from the Purchase Price, or in case of a Hire Purchase Agreement (Lease to Own), from the Instalments and/or Service Charge.

Article 6 Indemnification

The Broker shall defend, indemnify and hold harmless and keep the Service Provider indemnified and held harmless against any and all claims, liability, loss, damage, cost, expense, fines, penalties or other sanction the Service Provider may suffer, sustain or incur which arise as a result of the Service Provider's activities under the Mandate and any Agreement in the widest sense.

Buyers. Ridiculously satisfied.

As an agency, purchasing a premium domain from Efty was one of the best decisions we've ever made. Their team helped us find, negotiate, and secure our domain through a seamless process.
Kahl Orr
Our business is built on reputation and trust. We engaged Efty to locate and acquire our coveted '.com' domain; they handled the heavy lifting with speed and zero fuss.
Michael Wright
Excellent experience from start to finish. The domain transfer process was smooth, fast, and clearly communicated at every step. Support was responsive, professional, and very helpful.
Niko Adalis
Highly recommended, they guided me through the whole process and shared key updates. I particularly appreciated secure communications.
Trish Kelly

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