dh auction listing fee 2020

Auction User Agreement

Last Revised: 9/11/2019

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT, POLICIES AND OTHER AGREEMENTS PERTAINING TO THE USE OF THE SITE CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, OBLIGATIONS AND USE.

 

 Services of the Auction Platform

Domain Honcho Auctions and the Site serve as an auction platform allowing Users to buy and sell domains with registration rights, or exclusive rights to register, Internet domain names which may or may not have associated content as indicated.  Purchase and sale agreements for any Domain is between both Seller and Buyer only. Domain Honcho’s involvement is limited to only collecting Service fees as necessary, or as otherwise agreed by all parties.

   ** Notice:  Please see our Supported and Unsupported Countries List prior to use **

 

BEFORE ENTERING INTO A BINDING AGREEMENT TO PURCHASE A DOMAIN AND/OR ACCESSING DOMAIN HONCHO’S SITE AND SERVICES, YOU MUST PERFORM, AND ARE RESPONSIBLE FOR, ALL RESEARCH NECESSARY TO ENSURE THAT YOU ARE AWARE OF ANY FACTORS AFFECTING YOUR REGISTRATION AND USE OF THE DOMAIN OR USE OF THE DOMAIN WITH DOMAIN HONCHO'S SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE APPLICABLE ANNUAL REGISTRATION FEES, CHARGED BY AN ACCREDITED REGISTRAR, REQUIRED TO MAINTAIN YOUR REGISTRATION AND USE OF THE DOMAIN, THAT YOUR PROSPECTIVE USE OF THE DOMAIN WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, AND THAT YOU HAVE ALL THE INFORMATION NECESSARY TO MAKE AN INFORMED PURCHASING DECISION.

 

Site fees and related cost

·         Setting up an account is free.  Unless noted otherwise, Buyers are not required to pay a fee for the purchase of a Domain while using the platform. Buyers are however obligated to pay any winning bids, accepted offers, any applicable fees and taxes associated to the completed sell/agreed upon price.   Sellers are to pay fees as required to use the platform. Those fees are listed in the fee schedule which is effective on the date established on the Price list.  Please note that fees to list a Domain for sale are non-refundable.

 

Auction Platform Terms of Use

·         Users who would like to post their domain for sale may do in several ways.  Domains can be posted for sale as “Buy It Now”, “Make Offer”, General Auction (Buyer places bids only and no other option available such as “Make Offer” etc.) and “Classified Listing”.

 ·         Buyers are able to look up Domains through the platform search.  Any bids or offers made to the Domain in which the Buyer has initiated, may or may not signal a notification to the seller.   Domain Honcho cannot guarantee a response will be made by the intended recipient.  Domain Honcho does not represent any parties on this Site, either Buyer, Seller or Third Parties on your behalf.  Domain Honcho will not act as a lessee or lessor to Buyer, Seller or any Third Parties on your behalf.  Domain Honcho will not assume responsibility for the contents of a Buyer’s offer for a Domain or a Seller’s Domain listing.

 ·         Buyer and Seller are responsible for all research of any applicable fees, registration policies and restrictions for all domains to be listed for sale by the Seller or bought by the Buyer prior to entering into any agreements.

 ·         Both Buyer and Seller agree that Domain Honcho will not be liable in any way or form for any registration policies, fees or prices associated with a Domain and that both party’s disregard of awareness of the mentioned will not be grounds to void or invalidate a purchase or sale agreement.

 

Auction Platform Rules and Requirements

·         At all times Buyers and Sellers remain bound by the terms and conditions of this Policies and Agreements of Domain Honcho which policies are related to listing, negotiating, buying and selling Domains where posted on the Site or found in the Policies and Agreement sections of the Site.

 

Reconciliation between Domain Honcho, Seller and Buyer on legal matters

·         Domain Honcho does not control the business conducted between Users of the platform.  Overall, we do not own the domains listed unless noted otherwise.  The content of a listed Domain is the sole responsibility of the Seller which includes the accuracy of statistics which may be measured from third party sites or otherwise.  Domain Honcho will not be held liable for transactions or acts between Users of the platform.

 ·         Violations of third-party rights, to include but not limited to infringement of intellectual property, trademarks, and use of a name.   Both Buyer and Seller agree the Domain Honcho will not be held responsible for the failure of either to complete a purchase and / or fulfill the obligations of a sale agreement of either party.  Both Buyer and Seller agree Domain Honcho is a neutral facilitator of the platform and will not be subject to any claims which arise from the attempt to purchase or sale of a Domain.

 

Make Offer, Bids and Reserve Price

·         When an offer is accepted by a Seller the offer becomes binding for both parties.  If a Buyer submits an offer to a Seller and is accepted, the offer is binding.  This means that there has been a mutual agreement of the offered priced and a sale shall be completed.  This also pertains to Users placing the highest Bid or meeting a Reserve Price to be become the winner of an auction.  Being the highest bidder binds the bidder to an agreement to purchase the domain from the seller.

 ·         During the time of Making an Offer a Buyer has the right to retract an offer if the Seller has not responded to your submitted offer.  A Seller has the right to reject any offer received and is not required to respond to offers.  A Seller is unable to refuse a sale if a Reserve or Bid is placed and the auction ends. A Seller can end an auction only 24 hours before the Auction or Buy it Now ends. 

·         Users should do their due diligence to a Domain prior to making an offer, bid or meeting the reserve.  Remember that these are considered an intent to commit a binding agreement to purchase a Domain. Both parties are responsible to complete the sale after the Auction or Buy it Now ends.


 Prices, Currency and Taxes

·         All prices to include Site Fees, Auction, Buy it Now, Make Offer, Classified, Sale Agreements and any other description of price weather calculated or listed on the Site will be shown in US Dollars (USD).   Any negotiated or quoted price between Buyer and Seller must be an agreed upon price which includes any applicable taxes and fees for Buy it Now or Minimum Offer.  All other listing types may have applicable taxes and fees in addition to the ending price of the Auction.


Domain Honcho’s Right to Cancel Auctions

·         Domain Honcho has sole discretion to cancel an Auction at any time. This includes during Offers or Auction bidding period.  This will include but is not limited to possible infringing on intellectual property rights, trademarks, third party rights or violations of any Policies or Agreements of Domain Honcho.  Any binding agreements or sales agreements will be voided/nullified if the Auction is cancelled during the open auction period meaning the Auction has not ended or the Make Offer or Buy it Now is still available.

 

Rejected and/or Blocked Domain Listings

·         Domain Honcho has sole discretion to deny any listed or submitted Domains on our Site at any time this includes during Offers or Auction bidding period.  A delisting may be initiated at any time with no prior warning, without reason especially if the listing violates Domain Honcho’s Policies and Agreements.  This includes suspected violations of applicable laws and/or third-party rights.

 

Deleting Bids Made in Error

·         Domain Honcho in its sole discretion reserves the right to delete individual bids during an active Auction Period if without a reasonable doubt that the bid made by mistake or erroneous.  This as well includes offers made by the User.   Claims cannot be made to interfere with an active Auction or make claims attempting to nullify obligations of a winning bid.  If a User is found to have falsely made a claim without a reasonable doubt, Domain Honcho in its sole discretion has the right to suspend the User’s account at any time. Once a bid is deleted the next highest bid will succeed and become obligated as the winning bid if it should remain the highest bid at the end of the auction.

Deleting Bids Made Fraudulently/Offer Verification

·         Domain Honcho in its sole discretion reserves the right to delete individual bids during an active Auction Period if it considers a bid to be fraudulent in nature or a “shill “bid.  These are considered to be a non-binding bid and will be deleted if the User whom is placing the bid is unable to be verified or verified in a reasonable time.  User will be verified by means of identification, proof of bid placed and any other required documents requested to validate the bid.  Any User to place a fraudulent bid may have their account suspended.  Once a fraudulent bid is deleted the next highest bid will succeed and become obligated as the winning bid if it should remain the highest bid at the end of the auction.

 

Availability

·         Domain Honcho makes no guarantees, express, or affirms the Site and/or web page in which a User can place a bid or make Offers will be accessible at all times.  This is to include an active Auction in which bidding is open to Users or a Buy it Now or Classified in which Offers are being accepted.  If the Site is not accessible, the Seller cannot assume a potentially higher bid or offer would have been made and can not use this as justification for not completing a sale. A bidder as well may not dispute, for the same reason, that he or she assumes that they would have been the highest bidder or offer for a Domain if the Site, Classified, Buy it Now or Bidding Page was actively available.

 ·         Domain Honcho assumes no responsibility of availability of an Auction of Domain Honcho advertised or listed from a third-party site, affiliate, promotion and any means of listing listed Domains from the Site.  We will take every means to troubleshoot any technical issue on the Site within means of our control. Not limited to the actions, we may extend, cancel or reschedule an Auction or Buy it Now. A refund of fees or credit will not be issued.

 

Publication Rights

·         Domain Honcho retains and collects Domain and sale price information to encourage User experience, improvement of services and promote publication of Domains to the public from the Site.  Domain Honcho shall retain the right to publish Domain names and corresponding sales price. This information may be used on the Site, as references on Third party sites or through other Services and Sites of Domain Honcho.  No personally identifiable information will be included from either Buyer or Seller for use of publication information. 


Request to Broker a sale

·         At this time Domain Honcho does not provide an internal Brokerage service and will not contact a Buyer or Seller to broker a Domain sell.  Domain Honcho may in the future provide the services and will communicate it to Users by a time and means not determined at this time.


Sellers Options to List

·         Sellers have the option to list a Domain as an Auction, Buy it Now, Make Offer or a combination of the mentioned.  A Seller also has the option to list as a Classified which can be listed as Buy it Now, Make Offer or combination of both.  A Seller cannot delete a domain once it has an active bid, has been sold and is pending payment or transfer or has been initiated. Escrow.com is recommended for payment and transfers of a sold Domain.


Bid Auctions

·         After fees have been paid for a listing, a Seller’s listing will be listed.  Prior to the listing a Seller may set a Reserve Price in which at no time will a Domain be won if the reserve is not met by the set price of the Seller.  A Seller has the right to lower the reserve at any time. At no time will the Seller be allowed to raise the reserve price once the Auction commences.  The reserve will not be shown at any time.  If no reserve is set, then an Auction will continue as a bid only auction without reserve.


Offers to Purchase Domains in Auction

·         Buyers can place Offers from the web page in which the Domain is being auctioned.  Any offer is legally binding if it is accepted by the Seller and the Buyer must follow through with the purchase of the Domain.   As long as Domain Honcho has not voided the highest offer, that offer stands.  If the highest offer has been voided due to violations of Policy and Agreements of Domain Honcho then the next highest offer will be considered as long as it valid.   An offer still stands as legally binding and obligated to purchase the Domain even if the Site or Auction Page is not available during the time the Auction has ended.


Requirements of Buyer and Seller

 ·         Both Buyer and Seller must be committed to the requirements set forth to maintain a smooth transaction and welcoming environment while using the Auction platform.

 ·         Prior to buying or selling on the Auction and Classified platform all Buyers and Sellers must create an account.  The account must be filled out completely, verifiable and accurately.  Accounts must be maintained and updated with the current verifiable information.

 ·         A Domain being sold by a Seller must be verifiable and have exclusive right to register the Domain.  User account information must match that of WHOIS.  If the setting of the WHOIS is set to private, Domain Honcho has discretion to contact the Seller of the Domain to provide the WHOIS information to provide proof of ownership to list the Domain for sale. From time to time Domain Honcho may screen WHOIS and User account data to ensure the integrity of a Domain for sale.

 ·         A Seller who has listed a Domain must keep a domain current and must not list a Domain which will expire during an auction.  If a Domain that the Seller has made a sale on is set to expire in a (60) day or less. That Domain must be renewed by the Seller for the full cost associated with a yearly renewal of a that Domain.  The Seller and Buyer are solely responsible for any fees required by their respective service provider or registrar.

 ·         Within the Site, Policies and Agreements of Domain Honcho should not represent or suggest that a Domain of a Seller is holding the rights to a Domain beyond what is stated in a Seller’s agreement.  Both Buyer and Seller must understand a Domain to be listed may have limitations and conditional terms by its registrar which may delay or prohibit a Domain transfer after a sale is made by the Seller. Any agreement by a Seller must in turn note the similar terms of the registrar in which the Domain they are listing for sale is registered. Full disclosure of a Domain being sold by Seller which contains as website, content and/or any material which will be included with the Domain must be clearly stated.  Any Domain without content must be clearly stated as well in the description of the Auction and Sales Agreement.

 

You represent and warrant that as a Seller:

 ·         You hold exclusive rights to register or have rightfully registered a Domain which you hold rights and the rights are current with a Domain registrar or organization which has authority to register a Domain.

 ·         With holding current rights to a Domain, you represent and warrant that the Domain is not pending expiration, deletion, deactivation or any pending void of the Domain by a registrar or organization which has authority to register a Domain.

 ·         The Domain is not pending any legal issues to include, but not limited to infringing on third party rights such as trademarks, publicity rights, names, intellectual property rights, or disputes which would object your right to register or right to usage of the Domain.

 ·         That you have no actions being taken against you and that you have not made any means to stall a transfer.  That you have sole rights of registration and capability transfer a Domain without restrictions.

·         Any and all Domain(s) listed will be accurately described to include but not limited to holding exclusive rights to transfer and register the domain. That you have sole rights to sell the content included with a Domain being transferred if applicable.

 ·         At the time you accept an offer to transfer or sell a Domain, the transaction will be done with willing and able Buyer.  At no time will you list a Domain which you do not have the rights to transfer or would be considered an illegal transfer under applicable law.

 ·         A Seller agrees not to self-bid (entering a bid to your own auction) or means to guide others to force bids on your auction.  A Seller must not manipulate information of a Domain provided to Buyers.  This includes but not limited to inflation of traffic statistics that are not true, false third-party appraisals and deceitful information to persuade a Buyer to bid or make an offer.

 ·         Buyer and Seller agree to not impede operations of the Site or Services of Domain Honcho. This includes attempts both directly and indirectly.  This also includes enabling others to do so by any means.

 ·         Both Buyer and Seller agree and understand that services within the Site and Services of Domain Honcho to communicate between Buyer and Seller must not be used to avoid Domain Honcho’s Policies and Agreements.  This to include the intent to make sales outside of the Site, modify terms or a purchase or sale and avoid commission or any fees due to Domain Honcho.  Communicating personal identifiable information such as addresses, email address, phone numbers and any other information deemed sensitive is strictly forbidden outside of the Site. This will constitute a breach of this agreement and may cause a suspension of your account without warning.

 ·         Sellers agree and acknowledge that any information or data they have added must be kept current. Any Domain that has been listed by a Seller and has been sold or no longer holds registration rights must remove the Domain listing from the Site and User Account immediately.   If a Seller has been given a warning that the Domain they have listed for sale is in violation of Domain Honcho’s Policies and Agreements, violates or infringes on third party rights, proprietary rights, offensive or violates applicable laws must remove that Domain immediately.  The Domain may be reviewed for legal clarification before approving the Domain to be re-listed.  Domain Honcho shall not guarantee that a Domain be re-listed even if clarification has been remedied.  The Seller agrees that Domain Honcho has sole discretion to refuse a listing due to the aforementioned.