BUYER'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 Buyer:
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 a buyer of one or more of such Digital Assets (hereinafter: the Buyer);
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 Buyer. The Buyer confirms that is has taken knowledge of and agrees with the content of the Terms & Conditions.
Article 2 Appointment of the Service Provider as Mandatary
The Buyer 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 the Digital Asset purchased by the Buyer 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 Buyer and a Seller agree on the sale and purchase and/or hire purchase of a certain Digital Asset for a certain Purchase Price, the Service Provider shall conclude the Agreement on behalf and in name of the Buyer and the relevant Seller.
- The Service Provider shall forward to the Buyer without delay the concluded Agreement and any ancillary agreement to which the Buyer 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 Seller and give any instruction to the Custodian it deems necessary for the execution of the sale and purchase of the Digital Asset(s).
- The Service Provider shall 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 after all payments under the Agreement and any ancillary agreement to which the Buyer is a party have been received by the Service Provider.
Article 4 Obligations of the Buyer
The Buyer shall accept and fulfil any and all Agreement(s) and all reasonable ancillary agreements concluded by the Service Provider on behalf and in the name of Buyer, 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 Indemnification
The Buyer 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 the Agreement in the widest sense.
