Terms and Conditions of „host.at Software GmbH“ - status as of 1 January 2013
“host.at Software GmbH” provides the marketplace ”GOLEM Domain Aftermarket” including all related services and infrastructure aimed at completing domain sales transactions in a fast and secure manner. “host.at Software GmbH” shall neither be buyer nor seller but shall act as trustee authorized by either buyer or seller, as the case may be, assisting them in completing and performing contracts. In its effort to assist in completing and performing contracts, “host.at Software GmbH”is dependent on the cooperation of both parties (buyer’s and seller’s duty to cooperate). “host.at Software GmbH” shall not be party to any contract entered into by the users of this marketplace.
Section headings as used in these Terms and Conditions shall be for easier reference only, no rules or regulations shall be construed from them, they shall neither widen nor narrow the scope of these Terms and Conditions and shall not be subject to interpretation.
By establishing a user account, users agree to accept the Terms and Conditions of “host.at Software GmbH”.
2. Contracts & User Accounts
Establishing user accounts and entering domains shall be free of charge. Users agree to provide any information requested in the templates/registration forms completely and accurately and to keep their data up to date. In addition, users shall be liable for any activity occurring on or through their user accounts. Any breach of this provision or abuse will authorize “host.at Software GmbH” to block user accounts.
3. Services & Payment
“host.at Software GmbH“ will charge fees for services rendered through the domain marketplace (“GOLEM Domain Aftermarket”) or for services that have led to the completion of a contract between buyer and seller. As a rule, fees shall be borne by the seller.
4. Disclaimer of Warranties / Limitation of Liability
“host.at Software GmbH“ shall not be liable for any damage resulting from any data transfer failure, system breakdown or inaccurate database entry. In addition, “host.at Software GmbH“ shall be authorized at any time to correct defective system emails and shall only be liable for damages caused by deliberate or grossly negligent breach of duty; the same applies for its authorized representatives and agents.
5. Domains & Registry
Users shall be responsible for obtaining information on registration conditions of the Registry concerned as well as on registration fees before completing any contracts.
6. Offers and Counteroffers
Offers and counteroffers on the marketplace shall be binding for 10 days of placing the offer/counteroffer (commitment period). Legal transactions / sales contracts shall become legally binding and valid if the respective other party accepts the offer/counteroffer within the commitment period. Offers/counteroffers cannot be cancelled nor changed unless bidders increase or domain owners lower their bid, in which case the 10-day commitment period will start anew.
7. Completion of Contracts / Duty to Cooperate
Once a contract between users is completed, “host.at Software GmbH” will request the buyer to pay the purchase price within a certain deadline set, and the purchase price paid will be held in escrow by “host.at Software GmbH”. Once the purchase price is paid, “host.at Software GmbH” will directly take over the purchased domain name and hold it in trust, provided the transfer of the domain name concerned is supported. Subsequently the buyer will be billed directly by “host.at Software GmbH”, with the purchased domain being transferred to the buyer at the same time. “host.at Software GmbH” shall pay to the seller the purchase price held in trust less fees incurred, on the condition that the domain has been transferred to the buyer and the seller (as requested in writing) has invoiced “host.at Software GmbH”.
In the event that buyers cause the domain transfer to be delayed for more than 28 days (duty to cooperate), “host.at Software GmbH” shall be entitled to charge a monthly fee as indicated in the price list [https://golem.eu/pricing.html]. In the event that buyers fail to collect their domain within one year (365 days), “host.at Software GmbH” shall be entitled to delete it without any further notice or warning.
Once users on the marketplace accept an offer/counteroffer, the sales contract between them (buyer/seller) shall enter into force and effect. Both buyer and seller are subject to the duty to cooperate in the process of successfully transferring the domain. “host.at Software GmbH” shall not be liable for any damage whatsoever caused by breach of any user’s or contractual party’s duty to cooperate that may thwart or delay the completion of the purchase or the performance of the contract.
8. Language / Governing Law / Jurisdicition
The language of the contracts shall be either English or German. All contracts hereunder shall at all times be governed by the substantive and procedural laws of Austria, without recourse to choice-of-law rules and without recourse to the United Convention on Contracts for the International Sale of Goods. Consumers shall be subject to these Terms and Conditions only unless mandatory consumer protection law provisions provide otherwise. Place of performance shall be the registered office address of “host.at Software GmbH“. Any dispute arising between “host.at Software GmbH“ and the users of “GOLEM Domain Aftermarket“ or its contracting parties shall be settled by the competent court that has subject-matter jurisdiction in Villach, Austria.
9. Data Protection / Privacy
For business transaction purposes “host.at Software GmbH“ shall be entitled to store and process users’ data in compliance with the provisions of the Austrian Data Protection Act as amended (DSG). Users of “GOLEM Domain Aftermarket” hereby expressly and irrevocably agree that any breach of any provision of these Terms and Conditions, or any breach of the duty to cooperate or any other breach of contract hereunder shall entitle “host.at Software GmbH“ to disclose or make available to third parties any and all data of the parties involved in the transaction concerned.
10. Writing Requirement / Notices
Any notice or statement in relation to the use of “GOLEM Domain Aftermarket“ shall be made in writing to be effective. Notices transmitted via email shall be deemed valid. Users agree to immediately notify to “host.at Software GmbH“ any change of name, address, registered office or email address. In the absence of such notice, documents shall be deemed validly served on contracting parties if sent to the address or email address last notified by the contracting party. Electronic statements shall be deemed validly served if sent to the contracting party’s email address last known.
If any provision of these Terms and Conditions is held invalid, ineffective, unlawful or unenforceable, the remaining portions of these Terms and Conditions shall remain in full force and effect. In that case “host.at Software GmbH“ and/or users shall be obliged to replace such invalid, ineffective, unlawful or unenforceable provision by one that reflects as nearly as possible the original economic intentions of that provision in a manner consistent with applicable law.
Terms and conditions of users of “GOLEM Domain Aftermarket”, whether or not known of, shall be applicable only subject to the express written approval of “host.at Software GmbH“. In the event of a conflict between the terms and conditions of users and the Terms and Conditions of “host.at Software GmbH“, the Terms and Conditions of “host.at Software GmbH“ shall prevail.