HIRE PURCHASE AGREEMENT (LEASE TO OWN) ​

BETWEEN

1) The individual who 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 (i) a seller of one or more of such Digital Assets or (ii) as an entrepreneur/enterprise with a business in providing services as a broker of such Digital Assets (hereinafter: the Seller), represented by 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) on the basis of the document "Seller's Mandate" or the document "Broker's Mandate" as agreed to by him/her/it;

and

2) The individual who 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 as a buyer of one or more of such Digital Assets (hereinafter: the Buyer), represented by the Service Provider on the basis of the document "Buyer's Mandate" as agreed to by him/her/it;

THIS HIRE PURCHASE AGREEMENT APPLIES TO ANY AND ALL HIRE PURCHASES REGARDING THE DIGITAL ASSET(S) AND FOR THE PURCHASE PRICE AND THE PAYMENT PLAN AS THE SELLER AND THE BUYER HAVE CONFIRMED TO HAVE REACHED AGREEMENT UPON ON ANY DIGITAL PLATFORM SUPPORTED BY THE SERVICE PROVIDER.

INTRODUCTION ​

A. The terms used in this Hire Purchase Agreement 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 Seller and the Buyer.

B. The Service Provider is an online service provider, specialised in providing services for the transfer of Digital Assets.

C. Either (i) the Seller has made an offer on a Platform to sell the Digital Asset and the Buyer has accepted this offer on a Platform, or (ii) the Buyer and the Seller have between themselves (outside of a Platform) agreed upon the hire purchase (lease to own) of the Digital Asset.

D. Both the Seller and the Buyer have requested the Services of the Service Provider for transferring the relevant Digital Asset by means of a Mandate to the Service Provider.

E. The Seller and the Buyer have both agreed to the terms and conditions as set out in this Hire Purchase Agreement and the Terms & Conditions applicable to this Hire Purchase Agreement and the Services provided by the Service Provider.

F. The Seller and the Buyer have mandated the Service Provider to conclude and execute this Hire Purchase Agreement on their behalf and in their names.

G. After the conclusion of this Hire Purchase Agreement, the Digital Asset will be (i) transferred to the Custodian, being an independent legal entity with the sole purpose of temporarily holding a Digital Asset for the sake of a safe transfer or (ii) transferred by such other methods as previously specified by parties.

H. The Buyer and the Seller have agreed on a Purchase Price, which may be paid by the Buyer through a First Instalment, following several Monthly Instalments, as agreed upon by both parties. The Buyer shall pay a Service Charge. The First Instalment, the Monthly Instalments, and the agreed upon Service Charge shall be paid to the Service Provider by the Buyer. After receiving an Instalment and/or Service Charge, the Service Provider shall pay the Instalment and/or the Service Charge minus the agreed upon Fee to the Seller.

I. After this Hire Purchase Agreement has been concluded, the Buyer can make use of the relevant Digital Asset under the provision as set out in this Hire Purchase Agreement and the Terms and Conditions. The Buyer does not immediately acquire any ownership with regard to the relevant Digital Asset.

J. After the Buyer has paid all the amounts that are due to be paid by the Buyer to the Service Provider, only then shall the ownership of the relevant Digital Asset transfer to the Buyer. The Service Provider shall then 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.

HAVE AGREED AS FOLLOWS ​

Article 1 Interpretation

  • The terms used in this Hire Purchase Agreement and in the Terms & Conditions shall apply equally to the singular and plural forms of these terms.
  • The introduction forms an equal and inseparable part of this Hire Purchase Agreement.
  • Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms.
  • The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". The word "will" shall be construed to have the same meaning and effect as the word "shall".
  • Section headings are included for convenience of reference only and shall not affect the interpretation of this Hire Purchase Agreement.

Article 2 Hire Purchase

  • The Seller declares and warrants that it is, or – in case of a Broker – is legally representing, the sole and exclusive owner of the Digital Asset including any and all associated goodwill and other intellectual property and proprietary rights therein.
  • The Seller agrees to sell the Digital Asset to the Buyer and the Buyer agrees to purchase the Digital Asset from the Seller.
  • Except as otherwise provided, the Buyer agrees to purchase the Digital Assets "as-is and where-is" and at its sole risk.
  • The Seller disclaims all representations and warranties of any kind relating to the Digital Asset, whether expressed or implied, including but not limited to (i) any warranty of merchantability or fitness for any particular purpose, (ii) any warranty that the Digital Asset will have any value or will meet the Buyers requirements or expectations, (iii) any warranty that the Buyer will be able to attain any specific results or value associated with the Digital Asset or the use thereof, and (iv) any warranty that the Digital Asset can be registered and used without infringing the right of a third party, provided however that the Seller does warrant that the Digital Asset is free from any and all liens, charges, restrictions, mortgages, pledges, security interests and other encumbrances.

Article 3 Purchase Price, Instalments, Service Charge

  • The Buyer shall pay the First Instalment immediately after conclusion of this Hire Purchase Agreement to the Service Provider via de Payment Processing Provider. Subsequently, the Buyer shall pay the agreed upon Monthly Instalments and the agreed upon Service Charge to the Service Provider via the Payment Processing Provider. The Buyer is entitled to prepay the full (remaining) Purchase Price at all times.
  • Payment by the Buyer of the Purchase Price, an Instalment and/or Service Charge to the Service Provider fully discharges the Buyer in respect of paying these amounts to the Seller.
  • After receiving the Purchase Price, an Instalment and/or Service Charge, the Service Provider shall pay the Purchase Price, the Instalment and/or Service Charge minus the agreed Fee to the Seller.
  • The Seller retains ownership of the Digital Asset until the Buyer has remitted the entire Purchase Price, along with any agreed-upon Service Charge.

Article 4 Default

  • If the Buyer fails to pay any Instalment and/or Service Charge on the due date, the Buyer shall be in default (Dutch: verzuim) immediately and without the need for any notice of default (Dutch: ingebrekestelling).

  • Notwithstanding Article 4.1, the Buyer shall be granted an additional period of seven (7) calendar days from the original due date to pay the outstanding Instalment and/or Service Charge in full.

  • If the Buyer fails to pay the outstanding amount within the grace period referred to in Article 4.2, the Service Provider shall be entitled to terminate this Hire Purchase Agreement with immediate effect, without prejudice to any other rights or remedies available under this Hire Purchase Agreement or applicable law.

  • All outstanding and future Instalments and Service Charge, as well as any contractual penalties due under this Hire Purchase Agreement, shall become immediately due and payable by operation of law, without any notice of default or judicial intervention being required, in the event that the Buyer:

    • is declared bankrupt;
    • files for bankruptcy;
    • applies for or is granted suspension of payments;
    • is placed under administration or guardianship;
    • offers an out-of-court settlement to creditors;
    • or otherwise loses the free disposal over its assets.

    In each of these circumstances, the Seller and/or the Service Provider shall be entitled to terminate this Hire Purchase Agreement with immediate effect, without prejudice to the right to claim damages and without the Buyer being entitled to any refund of amounts already paid.

  • The Buyer shall promptly notify the Seller and the Service Provider in writing if any of the circumstances mentioned in the Article 4.4 occur.

  • Upon termination of this Hire Purchase Agreement pursuant to this Article 4, the Seller shall be free to dispose of the Digital Asset at the Seller's sole discretion, without any restriction or obligation towards the Buyer.

  • All Instalments and/or Service Charge paid by the Buyer prior to termination pursuant to this Article 4 shall be deemed to constitute rent for the use of the Digital Asset by the Buyer during the relevant period. Such amounts shall not be refundable and shall not be subject to restitution by the Seller or the Service Provider under any circumstances.

  • If this Hire Purchase Agreement is terminated pursuant to this Article 4, the Buyer shall be liable to pay to the Seller a contractual penalty equal to fifty percent (50%) of the sum of the remaining unpaid portion of the Purchase Price and the agreed Service Charge, without prejudice to the Seller's right to claim damages.

Article 5 Transfer

  • Transfer of the Digital Asset from the Seller to the Buyer entails all relevant action to transfer the ownership of the Digital Asset in accordance with the following paragraphs of this article.
  • After the Service Provider has received the First Instalment, transfer of the Digital Asset from the Seller to the Custodian shall be conducted by the Service Provider on the basis of the Mandate granted by the Seller. The Seller retains ownership of the Digital Asset.
  • The Custodian shall make the Digital Asset available for use by the Buyer, in accordance with the provisions set out in Article 6.
  • Upon receipt by the Service Provider of the full Purchase Price and the agreed upon Service Charge, the Service Provider shall (procure the Custodian to) provide the Buyer with the Transfer Information regarding the Digital Asset.
  • Transfer of the ownership of the Digital Asset to the Buyer shall commence only after all sums due by the Buyer have been paid in full.

Article 6 Use of the Digital Asset

  • Following the conclusion of this Hire Purchase Agreement, and notwithstanding that not all Instalments or Service Charge may have been paid, the Buyer is entitled to use the Digital Asset in accordance with the provisions of this Hire Purchase Agreement and the General Terms and Conditions.
  • The Buyer shall exercise due diligence in the use of the Digital Asset and shall refrain from any of the following activities:
    • Any use of the Digital Asset in violation of applicable laws and regulations, including but not limited to identity theft, phishing, or sanctions evasion. The Buyer is strictly prohibited from using the Digital Asset to intercept communications intended for previous owners or to initiate unauthorized password resets for third-party services (Account Takeover).
    • Any use that threatens the stability or security of the internet, including but not limited to the distribution of malware or ransomware, operation of botnets (C2), or "fast-flux" hosting.
    • Sending unsolicited bulk communications (spam) or engaging in aggressive SEO tactics that result in the Digital Asset being listed on recognized industry blocklists (such as Spamhaus or Google Safe Browsing) or causing a material decline in email sender reputation.
    • Hosting or facilitating content that constitutes hate speech, is defamatory, infringes intellectual property rights, or contains child sexual abuse material.
    • Any other illegal activities or any other activities which may cause damage to the Seller, the Service Provider or the Custodian, and/or which may decrease the value of the Digital Asset.
  • In the event of a breach of Article 5.2, the Service Provider reserves the right to terminate this Hire Purchase Agreement with immediate effect. The Buyer acknowledges that such activities may cause permanent damage to the Digital Asset; therefore, upon such breach, the Buyer shall immediately become liable for the full remaining balance of the Purchase Price, regardless of whether the Service Provider elects to repossess the Digital Asset. Further, Article 4.6 until including Article 4.8 will apply in this situation.
  • The Buyer acknowledges that the Digital Asset may have been previously registered. The Buyer is solely responsible for ensuring that their use of the Digital Asset (specifically regarding email and "catch-all" configurations) does not violate the privacy or security of previous registrants. The Buyer agrees to indemnify and hold harmless the Service Provider against any claims arising from the Buyer's access to, or use of, accounts or data associated with previous owners of the Digital Asset.

The parties have read, understand, and agree to the terms of this Hire Purchase Agreement and are duly advised and have had the opportunity to consult with counsel regarding this Hire Purchase Agreement.

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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