SELLER'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 Seller:
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 a seller of one or more of such Digital Assets (hereinafter: the Seller);
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 Seller. The Seller 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 Seller appoints the Service Provider as Mandatary, and the Service Provider 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 Seller 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 Seller 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 name of the Seller and the relevant Buyer.
- The Service Provider shall forward to the Seller without delay the concluded Agreement and any ancillary agreement to which the Seller 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).
- 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, 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 and all Service Charge due (if applicable), 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 Hire Purchase Agreement (Lease to Own) the Instalments and/or Service Charge minus the Fee to the Seller.
Article 4 Obligations of the Seller
The Seller 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 Seller, 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 Seller the Fee for each Agreement as specified in the Terms & Conditions.
- The Service Provider shall be entitled to deduct the relevant Fee from the relevant Purchase Price, or in case of a Hire Purchase Agreement (Lease to Own), from the Instalments and/or Service Charge.
Article 6 Indemnification
The Seller 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.
