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Domain Sale Contract

Domain Sale Contract Template for India

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Key Requirements PROMPT example:

Domain Sale Contract

"I need a Domain Sale Contract for transferring a simple e-commerce domain name from my company to a buyer in Mumbai, with the full payment of ₹500,000 to be made through an escrow service before March 2025."

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Document background
The Domain Sale Contract is a specialized agreement used when transferring ownership of domain names in India. It's essential for businesses and individuals engaging in domain name transactions, providing a legally sound framework under Indian jurisdiction. The contract ensures compliance with the Information Technology Act, 2000, Indian Contract Act, 1872, and international domain governance policies. It typically includes detailed provisions for transfer procedures, payment terms, warranties about domain ownership, dispute resolution mechanisms, and specific requirements of Indian domain registries. This document is particularly important given the increasing value of digital assets and the need for clear ownership documentation in domain name transactions.
Suggested Sections

1. Parties: Identification of the Seller and Buyer with complete legal names, addresses, and registration details if companies

2. Background: Brief context about the domain ownership and intention to transfer

3. Definitions: Key terms used in the agreement including 'Domain Name', 'Transfer Date', 'Registration Authority', 'ICANN'

4. Subject Matter: Detailed description of the domain name(s) being sold including registration details and current registrar

5. Purchase Price and Payment Terms: Amount to be paid, payment method, timing, and any escrow arrangements

6. Transfer Process: Step-by-step process for transferring the domain, including technical requirements and timelines

7. Seller's Representations and Warranties: Warranties regarding ownership, no encumbrances, no disputes, and authority to transfer

8. Buyer's Representations and Warranties: Warranties regarding legal capacity and intended legitimate use

9. Closing and Transfer Requirements: Specific actions required by each party to complete the transfer

10. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

11. Notices: Process and addresses for formal communications between parties

Optional Sections

1. Domain History: Include when the domain has significant historical usage or previous disputes that need disclosure

2. Intellectual Property Rights: Include when the domain includes or relates to trademarks or other IP

3. Revenue Transfer: Include when existing revenue streams or advertising accounts need to be transferred

4. Confidentiality: Include when the transaction needs to remain confidential

5. Post-Transfer Support: Include when the seller agrees to provide technical support or assistance after transfer

6. Domain Content Transfer: Include when website content or data is also being transferred with the domain

7. Escrow Services: Include when using a third-party escrow service for the transaction

Suggested Schedules

1. Schedule A - Domain Details: Technical details of the domain including registration date, renewal date, and DNS settings

2. Schedule B - Transfer Procedure: Detailed technical steps for the transfer process including registrar-specific requirements

3. Schedule C - Payment Schedule: If payment is to be made in installments or has multiple components

4. Appendix 1 - Domain History Report: Historical information about the domain including traffic data and previous ownership if relevant

5. Appendix 2 - Current Revenue Documentation: If the domain generates revenue, documentation of current earnings and sources

6. Appendix 3 - Domain Valuation Report: Independent valuation report if obtained

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Domain Name
Seller
Buyer
Transfer Date
Effective Date
Purchase Price
Completion Date
Domain Registration
Registrar
Registry
ICANN
Transfer Process
Authorization Code
DNS Settings
Domain Content
Intellectual Property Rights
Transfer Requirements
Escrow Agent
Escrow Account
Business Day
Confidential Information
Force Majeure
Governing Law
Jurisdiction
Material Adverse Change
Warranties
Registration Authority
Domain Registration Period
Renewal Date
Transfer Confirmation
Administrative Contact
Technical Contact
Domain Credentials
Website Content
Domain Services
Transfer Instructions
Payment Terms
Due Diligence
Domain History
Encumbrances
Dispute Resolution
UDRP
INDRP
Intellectual Property Claims
Working Day
Notice Period
Completion
Default Events
Representations
Clauses
Definitions
Sale and Purchase
Purchase Price
Payment Terms
Transfer Process
Seller Warranties
Buyer Warranties
Domain Ownership
Transfer Requirements
Technical Cooperation
Domain Registration
Intellectual Property
Confidentiality
Due Diligence
Risk Transfer
Representations
Indemnification
Force Majeure
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Severability
Waiver
Amendment
Further Assurance
Costs
Counterparts
Third Party Rights
Domain History
Escrow Arrangements
Data Protection
Domain Content Transfer
Post-Transfer Support
Termination
Time of Essence
Anti-Money Laundering
Compliance with Laws
Survival
Relevant Industries

Technology

E-commerce

Digital Media

Information Technology

Telecommunications

Digital Marketing

Professional Services

Legal Services

Real Estate (Digital Assets)

Consulting

Retail

Financial Services

Healthcare

Education

Relevant Teams

Legal

Information Technology

Digital Operations

Compliance

Risk Management

Technical Operations

Digital Marketing

Business Development

Corporate Strategy

Website Operations

Relevant Roles

Chief Technology Officer

IT Director

Digital Assets Manager

Legal Counsel

Compliance Officer

Domain Portfolio Manager

Digital Strategy Director

Business Development Manager

Technical Operations Manager

Website Administrator

Digital Marketing Manager

Chief Digital Officer

Intellectual Property Manager

Corporate Counsel

Risk Management Officer

Industries
Information Technology Act, 2000: Primary legislation governing digital transactions and electronic commerce in India, relevant for domain name transactions
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement in India
Trade Marks Act, 1999: Regulates trademark rights and potential conflicts with domain names
ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP): International policy for resolving domain name disputes, which is applicable in India
.IN Domain Name Dispute Resolution Policy (INDRP): Specific policy for resolving disputes related to .in domain names in India
Consumer Protection Act, 2019: Relevant if the domain sale involves a consumer transaction
Transfer of Property Act, 1882: While primarily for physical property, relevant principles may apply to domain name transfers
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Relevant for compliance requirements related to digital assets and online transactions
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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