Investing.co.za Terms & Conditions

The following terms and conditions ("Sell My Name Domain Name Sales Conditions") are to be read in accordance with the 123 Reg General Terms and Conditions and shall apply if You sell Your domain name through 123-reg.co.uk:

DEFINITIONS

"Asking Price"

The Price at which You put the Domain Name for sale through the Sell My Domain Name Sales Service.

"Registrant"

123 Reg will become the Registrant of the Domain Name when You use the Sell My Domain Name Sales Service.

"Registrar"

123 Reg.

"Requested Domain"

The Domain Name You wish to Sell through the 123 Reg Sell My Domain Name Sales Service.

"RIPA"

Regulation of Investigatory Powers Act 2000.

"You"

The Client who uses the Sell My Domain Name Sales Service.

"We"

123 Reg, the provider of the Sell My Doman Sales Service.

1. THE SELL MY DOMAIN NAME SALES SERVICE

1.1. Subject to clause 1.4 when You sell your Domain Name through Our Domain Name Sales Service (123reg), You designate that We will immediately become the Registrant of the Domain Name.

1.2. Subject to clauses 1.4 and 3, for each Domain Name You sell using Sell My Domain Name Sales Service, We shall keep Your name, postal address, email address, phone and fax numbers confidential.

1.3. When We become the Registrant of a Requested Domain, the following information will be publicly available in the Whois for the Requested Domain:

• 1.3.1. Our name and postal address as the Registrant;
• 1.3.2. Our email address, postal address, phone number and fax number as the technical contact, administrative contact and billing contact;
• 1.3.3. The primary and secondary Domain Name Servers that You designate for the Requested Domain;
• 1.3.4. The Requested Domain's original date of registration and Expiration Date; and
• 1.3.5. Us as the commercial entity, accredited by the Registry, to manage the reservation of Requested Domain in accordance with the guidelines of the Requested Domain Registry

1.4. You will retain the full benefits of the Requested Domain and may cancel the Sell My Domain Names Sales Service for each Requested Domain at any time prior to an offer of sale being made on Your requested domain. You will then become the Registrant and Your details will show in the Whois.

1.5. Upon Us receiving an offer of sale on your domain name We will gain overall control of the domain.

1.6. You accept that once Your domain has been purchased, all sales are final and it is not possible to reverse a sale of Your domain.

1.7. We are not accountable for any incorrect prices that You set up when You decide to sell Your Domain Name.

1.8. We do not hold any responsibility for complete payment regarding the Requested Domain being sold using the Sell My Domain Sales Service.

1.9. We act as a sales platform on behalf of You under the Sell My Domain Name Sales Service.

1.10. We cannot guarantee that the Domain Name for sale through the Sell My Domain Name Sales Service will be purchased for the Asking Price.

1.11. When using the Sell My Domain Name Sales Service, You accept that domains will be listed and sold in United State Dollars ($).

• 1.10.1 The price displayed in the United Kingdom Pound (£) is an estimated price based on the day's exchange rate. However, the price shown in Pounds once Your Domain has been sold is the final and absolute figure.
• 1.10.1 You accept that 123-reg has no control over the exchange rate above and will not be held liable for losses as a result of the exchange rate.

1.12. Once payment for Your Domain has been made, 123-reg will make payment of 70% of the sale price to You after 30 days of receiving the original payment.

2. YOUR OBLIGATIONS

2.1. You agree and acknowledge that in relation to each Requested Domain You subscribe to the Sell My Domain Name Sales Service:

• 2.1.1. We will:
• 2.1.1.1. promote Your Requested Domain to Our network of sales partners and it will clearly be shown as for sale;
• 2.1.1.2. sell Your domain without further correspondence to You if an offer is made at or above the price You have told Us You are willing to sell Your domain for; and
• 2.1.1.3. deduct Our commission at the rate of 30% of the net sales value at the time of the transaction, prior to releasing the balance to You. The commission rate of 30% is divided between 123-reg, the selling site portal and the network fees.

2.2. You will provide accurate and current information in Your Account Details of:

• 2.2.1. the email address, postal address, phone and fax numbers for the Requested Domain's technical contact, administrative contact and billing contact;
• 2.2.2. the primary and secondary Domain Name Servers that You designate for each Requested Domain; and
• 2.2.3. the Requested Domain's original date of registration and Expiration Date; and
• 2.2.4. full details of a valid credit or debit card.

2.3. You will:

• 2.3.1. respond within 7 days to any inquiries made by Us to determine the validity of any information provided to Us by You; and
• 2.3.2. respond within 10 days to emails and messages posted to Your Control Panel regarding correspondence We receive that is either addressed to or involves a Requested Domain, as detailed in clause 3 below; and
• 2.3.3. update the credit or debit card details stored on Your account in order for 123-reg to transfer payment of Your Domain. Failure to update Your credit or debit card details within 30 days of Our notice will result in 123-reg providing you with equivalent credit on Your account.
• 2.3.4. Any credit provided on your account not used within 12 months shall no longer be valid for use

3. SUSPENSION AND TERMINATION OF SELL MY DOMAIN NAME SALES SERVICE

3.1. You acknowledge and agree that We have the absolute right, in Our sole discretion and without any liability to You whatsoever, to suspend or cancel the Sell My Domain Name Sales Service for each subscribed Requested Domain, such that We will no longer be the Registrant of the Requested Domain Name. You will then become the Registrant of the Requested Domain with all applicable information then showing in the Whois, in certain circumstances, including but not limited to the following:

• 3.1.1. when required by law, governmental rules or requirements, governmental authorities or a court order; or
• 3.1.2. when We believe in good faith that such action is required by law; or
• 3.1.3. in compliance with a legal process served upon Us; or
• 3.1.4. in order to comply with ICANN and/or applicable Registry rules, policies or procedures; or
• 3.1.5. to resolve any and all third party claims, whether threatened or made, arising out of Your use of a Requested Domain; or
• 3.1.6. if We believe that You are using the Sell My Domain Name Sale Service to conceal involvement in illegal, illicit, morally objectionable or harmful activities; or
• 3.1.7. to protect the integrity and stability of the applicable Requested Domain Registry; or
• 3.1.8. to comply with ICANN's UDRP or any other Dispute Resolution Policy; or
• 3.1.9. to avoid any financial loss or legal liability (civil or criminal) on the part of Us, Our parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees; or
• 3.1.10. if the Requested Domain We register on Your behalf violates or infringes a third party's trademark, trade name or other legal rights.

3.2. You further acknowledge and agree that in the event that We receive a formal complaint, notice of claim in relation to legal proceedings or in relation to the UDRP or Dispute Resolution Policy, the subject matter of which is a Requested Domain or which relates to Your use of the Services, We have the right to suspend the Sell My Domain Name Sales Service and Your identity will be revealed in the Whois as Registrant until the resolution of such matter.

4. REFUND IN EVENT OF CANCELLATION

4.1. Subject to clause 10.5 of the General Conditions, We will not provide a refund in the event that We exercise any of Our rights set out in clause 3 above or You elect to cancel Our Sell My Domain Name Sales Service for any reason.

5. COMMUNICATIONS FORWARDING

5.1. You agree and acknowledge that:

• 5.1.1. We will forward to You communications relevant to any or all of the circumstances set out at clauses 3.1 and 3.2 addressed to Your Requested Domain that are received by Us by email, postal mail or fax, save where this relates to Data Protection, RIPA or similar investigations carried out by law enforcement bodies.
• 5.1.2. Subject to clause 5.1.1 We will not forward to You any other communications (whether delivered through email, postal mail or fax) and You further authorise Us to either discard all such communications or return all such communications to sender unopened.

5.2. You agree to waive any and all claims arising from Your failure to receive communications directed to Your Requested Domain but not forwarded to You by Us.

5.3. We reserve the right to pass on to You the reasonable costs We may incur for administrative tasks outside of the scope of Our Sell My Domain Names Sales Service. Such tasks include, but are not limited to, customer service issues that cannot be handled by email and disputes requiring legal services.

6. PRACTICES NOT PERMITTED

6.1. 123 Reg does not engage in censorship of Domain Names that Clients wish to purchase or trade with. We have guidelines in places to determine if the Domain Name is offensive in nature. We do not list Domain Names that violate 123 Reg's Acceptable Use Policy.

6.2. Before listing the Domain Name to sell through the Sell My Domain Names Sales Service, You are responsible for ensuring that the Domain Name does not infringe the Intellectual Property rights of a third party.

6.3. When You chose to use 123 Reg's Sell My Domain Name Sales Service in order to sell Your Domain Name, You represent that You are the Legal Owner of the Domain Name and that there are no Legal proceeding challenging Your right to use the Domain Name. This includes Domain Names which infringe the rights of International Trademark owners.

6.4. 123 Reg holds the right to remove Domain Names that are used in accordance with the Sell My Domain Names that potentially infringe of violate the Intellectual Property rights of any third party.

7. TECHNICAL REQUIREMENTS

7.1. The Sell My Domain Name Sale Service only supports the following extensions; .com; .net; .org; .biz; .info; .me; .co.

7.2. The Domain Name which You wish to sell must be a minimum age of 60 days from registration or renewal date.

7.3. 123-reg have stated minimum and maximum sale prices which must be followed in order to ensure correct use of the Sell My Domain Name Sales Service.

• 7.3.1. The minimum sale price for each domain is set at $250.
• 7.3.2. The maximum sale price for each domain is set at $20,000.