SALE AND PURCHASE AGREEMENT ​

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 PURCHASE AGREEMENT APPLIES TO ANY AND ALL SALES AND PURCHASES REGARDING THE DIGITAL ASSET(S) AND FOR THE PURCHASE PRICE 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 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 the service provider, specialised in providing services for the transfer of Digital Assets and other 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 sale and purchase 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 Purchase Agreement and the Terms & Conditions applicable to this 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 Purchase Agreement on their behalf and in their names.

G. After the conclusion of this 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. After the conclusion of this Purchase Agreement, the Buyer will transfer the Purchase Price to the Service Provider or directly to the Seller if previously agreed to as such.

I. After the Purchase Price has been received by the Service Provider, the Service Provider will (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 minus the agreed to Fee to the Seller.

HAVE AGREED AS FOLLOWS ​

Article 1 Interpretation

  • The terms used in this 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 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 Purchase Agreement.

Article 2 Sale and 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 and transfer the Digital Asset to the Buyer and the Buyer agrees to purchase and accept transfer of 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, payment

  • The Buyer shall pay the Purchase Price to the Service Provider via de Payment Processing Provider.
  • Payment by the Buyer of the Purchase Price to the Service Provider fully discharges the Buyer in respect of paying these amounts to the Seller.
  • After the Purchase Price has been received by the Service Provider, the Service Provider shall transfer the Purchase Price minus the Fee to the Seller.

Article 4 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.
  • Transfer from the Seller to the Custodian shall be conducted by the Service Provider on the basis of the Mandate granted by the Seller.
  • Upon receipt by the Service Provider of the Purchase Price, the Service Provider shall (procure the Custodian to) provide the Buyer with the Transfer Information regarding the Digital Asset.
  • Transfer of the Digital Asset to the Buyer shall commence only after all sums due by the Buyer have been paid in full.

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