Sedo
Sedo has updated its Domain Transfer Agreement, making changes to the existing version that has been in place since 2015.
By updating this agreement for its domain marketplace, Sedo ensures that the terms are defined in more detail, and adds disclaimers that specify what happens when either party of a domain sale does not fulfill their obligations.
We found this new section part below related to safeguarding the process for Sedo:
(IV) SEDO SHALL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM THE FAILURE TO SUCCESSFULLY CONCLUDE THE TRANSFER PROCESS, UNLESS SUCH DAMAGE IS CAUSED BY INTENTIONAL OR GROSSLY NEGLIGENT CONDUCT ON THE PART OF SEDO, ITS LEGAL REPRESENTATIVES OR DESIGNATED AGENTS.
THIS SHALL INCLUDE, WITHOUT LIMITATIONS, IN CASES WHERE ONE OF THE CONTRACTING PARTIES REFUSES TO COMPLETE THE TRANSACTION DOCUMENTS PROPERLY, WHERE ONE OF THE CONTRACTING PARTIES CANNOT BE IDENTIFIED ON THE BASIS OF FALSE OR MISLEADING USER ACCOUNT INFORMATION, OR IF A CONTRACTING PARTY OR THEIR REPRESENTATIVE HINDER THE EXECUTION OF THE TRANSACTION BY ANY OTHER MEANS.
(V) WITH RESPECT TO EU RESIDENTS PARTY TO AN APPLICABLE DOMAIN TRANSFER: IN THE EVENT SEDO NEGLIGENTLY BREACHES A MATERIAL CONTRACTUAL OBLIGATION LIABILITY SHALL BE LIMITED TO REASONABLY FORESEEABLE DAMAGES PROVIDED THAT SEDO’S LIABILITY IN THIS CASE SHALL BE LIMITED TO A MAXIMUM AMOUNT OF 5,000.00 € PER CLAIM, OTHERWISE LIABILITY IS EXCLUDED.
(VI) WITH RESPECT TO EU RESIDENTS PARTY TO AN APPLICABLE DOMAIN TRANSFER: SEDO’S LIABILITY FOR CLAIMS ARISING FROM THE GERMAN PRODUCT LIABILITY ACT (PRODUKTHAFTUNGSGESETZ) AND PRIVACY LAWS SHALL REMAIN UNAFFECTED BY THE AFOREMENTIONED LIABILITY PROVISIONS INSOFAR AS SEDO HAS EXPRESSLY ASSUMED A GUARANTEE OR INSOFAR AS THE LIABILITY RELATES TO DAMAGES RESULTING FROM INJURY TO LIFE, LIMB OR HEALTH.
This new Sedo agreement goes into effect on April 11, 2019.
To compare it to the existing agreement, visit this handy tool called Text Compare, and enter the two versions in the form fields provided.
Note: Sedo is a premium sponsor of DomainGang; we received this notification email due to being users of their PPC services.
