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.
· 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”.
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.
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.
· 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.
· 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 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.
· 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
You represent and warrant that as a Seller:
· 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.