Terms For Buyers – Domains with Built-in Brands!

TERMS FOR THE BUYERS

ABOUT US

Domainpa is division of Healthorough LLC a company registered under the laws of California, having its head office at 5790 Cohasset Way, SAN JOSE, CA 95123, USA (hereinafter referred to as “We” “Us”). We operate the website www.Domainpa.com

OUR BUSINESS RELATIONSHIP WITH YOU

These General terms and Conditions (hereinafter the”Seller’s Terms”) and our general terms and Conditions that may apply to you if you are a seller on Domainpa the website (the”Seller”). To become a Dealer, you will need to register and create a user account on the website. The User agrees to the offer and sale of domain names on the Domainpa website and / or the purchaser (the”Purchaser”), in accordance with the Seller’s Terms and conditions of use (hereinafter referred to as the “Agreement”).
The terms and conditions of this Agreement shall apply, to the exclusion of all other terms and conditions which you are trying to play or incorporate, or which are related to the trade, custom, practice or course of the execution of the transaction.
This agreement/Contract is entered into between you and us with respect to the subject matter. You acknowledge and agree that you are not relying on any representations, promises, warranties, guarantees, representations, or warranties not set forth in this Agreement.

IMPORTANT NOTICE

The sale of every domain is on the basis of rule of FIFO ( First Come First Serve). We have no control if we receive multiple offers on any domain simultaneously. Therefore, Domainpa will refund all the offers which made subsequent to the first received offer. Thanks for your understanding. If you have faced any inconvenience, we sincerely apologize for that.

BUY DOMAINS

Follow the instructions on the page to place your order for the purchase of a domain name (the “Service”). You can place an order using the method which has been provided on the Site. Each order is an offer to purchase the Services specified in the contract, in accordance with the terms and conditions of this Agreement.
Our order process allows you to see and correct any errors before submitting your order to us. Please review your order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
After you place an order, you will receive an email from us with confirmation that you have, but please note that this does not mean that your order has been accepted. Our acceptance of your order, it will be carried out in accordance with clause 3.4.
Our acceptance of an order occurs when we send you an e-mail asking for the acceptance (“Confirmation”), at any time and for any day which is the contract between you and us will come into force. The Agreement shall apply only to those Services which are to be confirmed at the time of order Confirmation.
If we are unable to provide the Services, for any reason, we will notify you by e-mail, and we will be unable to process your order. If you have already paid for the Services provided, we will refund you the full amount.

YOUR USE OF THE SITE

The description or pictures on our site may be published, but only to give you an idea of the services that are referenced in them. They do not form part of the Contract, and will not be enforced.
If any provision of the right to make any changes to the Site, and to Domainpa marketplace, as referred to in section 4.3, we provide you with access to the Website and Domainpa marketplace, in accordance with the terms and conditions of this Agreement, on the date of the order, in all material respects.
We reserve the right to make changes to the Site, and the Domainpa marketplace, if required to do so by law, or where such changes do not significantly affect the nature or quality of the Services provided.
We will make all reasonable efforts to meet any production, the data specified in the order, but all of these dates are only an approximation, and it does not provide Services for the following data, you do not have the right to withdraw from the Contract.

YOUR RESPONSIBILITIES

The User is responsible for ensuring that: (a) the terms and conditions of the order, are left intact; (b) cooperate with us in all matters relating to the Services; (c) you provide us with such information and materials as may be reasonably necessary to provide the Services, and shall ensure that such information is complete and accurate in all material respects; and (d) you can obtain and maintain all necessary licenses, permits, and approvals that may be required for the Services provided prior to the start date of the Services. (d) comply with all applicable laws and regulations.
If our Terms of Use are restricted or delayed by any failure to fulfill any of the obligations listed in clause 5.1 (“Your Defaults”): each to the extent that your default hinders or delays the operation of the services. In some cases your default may grant us the right to terminate the agreement under section 12; (b) will not be liable for any costs or losses arising from or directly or indirectly due to our failure or delay in performing the Services; and (c) it will be your responsibility to pay for the written claim on any costs or losses we incur or which arise directly or indirectly from your Default.
You agree to keep your email address up to date, so you can be contacted at the time of purchase. You can manually update this information, via the link that email you when you purchase a domain. If your email address is not available, or we do not receive a timely response to the email, we reserve the right to cancel your purchase.

СHАRGES

You must pay us for all services purchased by you through the Website (“Payments”). The fee will be the prices quoted in the services on our Website when you place your order.
If you wish to change the range of services after receiving your order, and we accept such changes, we will adjust the payments accordingly.
Costs may change from time to time, but the changes will not affect any order you have already issued.
Charges are subject to VAT only. Where VAT is payable in respect of one or all of the services you must pay us additional amounts in respect of VAT, at a fair rate, in addition to the time you pay the fee.

РАYMENT

Payment shall be made by PayPal, and credit cards, no other method will be acceptable.

You can pay for the Services using a bank card or credit card. Your selected bank account will be charged automatically each month.
You will be able to access electronic invoices on the domainpa.com website once your order has been processed.
If you fail to pay under the Agreement on the due date, then, without limiting our remedies under clause 12 (Termination), you will be required to pay interest on the outstanding amount from the due date until the due date, either before or after the judgment. Interest under this clause will accumulate daily at 4% per annum above the Bank of England’s base rate from time to time, but at 4% per annum at any time when that base rate is less than 0%.
All fees payable under this Agreement must be paid in full without exception, objection, suspension or withholding (except for any reduction or deduction as required by law).

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in, arising out of or in connection with the provision of the Services shall be owned by us, with the exception of a domain name and the logo, ‘ s that you have purchased and paid for in full.
you agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence for the term of the end user license Agreement for the use of the trading platform, Domainpa marketplace through the web Site, for the purchase of goods and Services and copy all of the results stated in the application, in order to receive and make use of the Services, such as the results are in, the industry. You may not sub-license, assign or otherwise transfer its rights under this clause.
Following the completion of the acquisition of a domain through Domainpa marketplace, the owner of the domain, and the copyright in the logo is the name that will be transferred to Domainpa to you.

РERSОNАL DАTА

We may use the personal data you provide to us in order to: (a) the supplying of the Services provided to the user; (b) to the processing of your payment details to provide Services; and (c) the report of the same products and services that we offer.
for detailed information on how we process your personal data only as a data controller and can be found at our Privacy Policy).

LIMITATION OF LIABILITY

The provisions of this Agreement shall not affect any liability which cannot be limited by law, including liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent deceit.
In accordance with the provisions of clause 10.1, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with the Contract for: (a) loss of profits; (b) loss of sales or business; c) loss of contracts, or contracts (d) loss of anticipated savings; d) loss of, or damage to, software, data or information; (f) loss of or damage to reputation; or and (g) any indirect or consequential loss or damage.
In accordance with clauses 10.1 and 10.2, shall our total liability to the user who is created as a result of or in connection with this Agreement, this agreement as a result of a criminal offence (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total amount of the Fees paid under this Agreement.
If you do not inform us that you intend to make a claim for an event within the notice period, we do not accept any responsibility for the event. The event notification period shall commence on the day on which it was necessary, or should have known about the incident, and it ends within 12 months as of that date. The notice must be in writing and include a sufficiently detailed description of the events, and the reasons for making the claims.
Nothing contained in these Terms of impact, it is on the exclusions and limitations that are applicable to our Terms of use.

PRIVACY POLICY

Each and every one of us is committed, in any case, to maintain the confidentiality of, all confidential information of the company, business, customers, clients, or suppliers, to ourselves, except as permitted by clause 11.2.
Each and every one of us is allowed to disclose confidential information to the other that: (a) in our respective employees, agents, representatives, sub-contractors and agents who require such information in order to comply with our obligations under the Contract. Each and every one of us shall ensure that such employees, officers, agents, contractors, or consultants in accordance with the element; and (b) as may be required by statute, by the court, or the government or the regulatory body.
Each and every one of us can make use of the other’s confidential information solely for the performance of our obligations under this Agreement.
We reserve the right to not publish a list of the different areas to which we enter on our website or in our newsletter. We do not disclose the new owner or the price of the individual items for sale, without the prior written consent. We do, however, reserve the right to not to publish the aggregated statistics of our business, as well as the average selling price is the total price of the sale.

THE TERMINATION OF THE AGREEMENT

Without prejudice to its other rights, we may suspend the determination of the domain, or terminate the agreement with immediate effect by giving written notice to you if: (a) you shall constitute a material breach of the terms and conditions of the contract and (if such breach has been changed), you do not remedy the breach within 14 days after the receipt of the written notice; or (b) you will not be able to pay all of the amounts due pursuant to the agreement, with effect as of the date of the payment; and (c) the you can’t do all of the actions and transactions relating to the registration and management, provisional liquidation or any other activities, or agreement with its creditors (other than in relation to a solvent restructuring), which is to be paid (either by choice, or on the basis of a court order, provided that the application of a solvent restructuring), or by a trustee in bankruptcy which are assigned to each one of your possessions, or in cases of termination (or, if the step or action in any other jurisdiction, a similar behavior in a particular jurisdiction]; and (d) to suspend or threaten to suspend, terminate or threaten to cease to carry on all or a portion of, the company; or (E) your financial situation to deteriorate to such an extent that, in our opinion, your ability to properly perform any of your obligations under the terms of the agreement have been violated.
Upon termination of the Agreement, the User shall be obliged to pay for the domain name is specified in the order, that will not have been paid in full.
In the case of Termination of the Agreement shall be without prejudice to our rights and remedies which tend to accumulate at the point of termination of the contract.
Any provision of this Agreement that is intended, whether directly or indirectly, of the power to be or continue to be in effect at the time of, or after, the termination of the employment relationship will remain in full force and effect.

FОRСE MАJEURE

We will not be responsible for any failure to perform, or delay in performance of our obligations under the Contract caused by an act or an event that is beyond our reasonable control (“force majeure event”).
In the event of a force majeure event affecting the performance of our obligations under the terms of the Agreement, to: (a) we will get back to you as soon as possible; and (b) our obligations arising from a Contract will be suspended and the period of performance will be extended for the duration of the force majeure event.
You will still be able to refrain from the purchase of the areas affected by the force majeure event which lasted for more than 30 days. In order to cancel your order, please get in contact with us at any time. If you choose to opt-out, we will not refund to you the amount paid by you, less any costs incurred by us in a reasonable and actual expenses incurred in the discharge of our duty to provide information prior to the date of the event of force Majeure.

СОMMUNIСАTIОNS BETWEEN US

If we have to say “written” in these terms, this includes e-mail.
Any notice or other communication to be in line with, or related to, this Agreement must be in writing and delivered in person, in advance, by first-class mail or other delivery service to next day delivery, or by e-mail. Our email is Support@domainpa.com
A notice or other communication shall be deemed to have been received if: (a) it shall be delivered in person, by signing the acknowledgement of receipt; and (b) it has been pre-published in first-class mail or other delivery service on the following working day from 9: 00 a.m. on the second business day after posting; or (c) it is sent to you by e-mail at 9: 00 a.m. on the first working day after the date of dispatch.
For the services, of any notice, it shall be sufficient to prove, and if the letter has been sent correctly, that such letter was stamped and placed in the post box, and in the letter, that such letter was sent to the specified e-mail address of the recipient.
The provisions of this paragraph shall not apply to processing carried out by any judicial process or any other documents in any legal proceedings.

GENERАL PROVISIONS

We may assign or transfer our rights and obligations under this Agreement to any other person, however we will always notify you, in writing, or by a posting on this page, as it will happen. You can also assign or transfer any of your rights or obligations under this Agreement to any other person and we have to have our prior written consent.
We may make changes to these terms and Conditions by the buyer, after notice to you, within 30 days by e-mail. All of the changes made shall be deemed to have been accepted and shall enter into force upon the expiry of the 30-day notice period, unless you cancel the Contract prior to the expiration of the 30-day notice period.
In the Event that we do not claim that any of our obligations under this Agreement are not met, or if we do not enforce our rights against you, or if we are of the opinion that this does not mean that we have waived our rights against you, or that you do not need to comply with these obligations. If we waive any rights, we will only do so in writing, and it does not mean that we will automatically waive any rights associated with each of the following to you.
Each and every element of the Purchaser, and the Terms and Conditions of a separate work. If any court or competent authority decides that any of them are unlawful or unenforceable, the other parts shall remain in full force and effect.
A Contract between you and us. No other person, may apply to the terms and conditions.
This Agreement shall be governed by California State and each and every one of us unconditionally, and any and all disputes arising out of or relating to this Agreement to the exclusive jurisdiction of the California State courts.