Purchase and Sale Agreement
Please Note: The following terms contain the conditions upon which Folio365.com offers domains for sale. Once an agreement has been reached between Buyer and Folio365.com, the terms of this agreement will become legally binding. Buyers are responsible for performing any and all due diligence research before entering into an agreement to buy a domain on the Folio365.com Website.
Please read carefully the following terms and conditions for the sale of .
The following are the agreed upon terms and conditions for the purchase and sale of . This agreement is written between Folio365.com and Buyer, collectively the “Parties”.
In this agreement the following words and phrases shall have the following meaning:
“Site” means the Folio365.com Website
“Purchase Object” means an Internet domain name offered for sale by the Folio365.com. Offers at the Site are under the conditions articulated by Folio365 in their Offer Description posted on the related Make Offer page for their listing, including, when marked as a website/project, content comprising the Website associated with said Internet domain, or conditions otherwise agreed upon by the Parties in the course of negotiation.
“Website” means any and all multimedia content, images, databases, user lists (including credentials and contact information, when applicable), and related underlying source code required for the continual operation of the website found at the corresponding domain at the time of agreement, unless otherwise indicated by Folio365.com in their Offer Description or otherwise altered in the course of negotiation.
Purchase Object and Purchase Price
The Purchase Object of this Purchase and Sale Agreement is the Internet domain name , and when included by Folio365.com as indicated on the Make Offer page, the related Website if any.
Warranties and Representations
a) Folio365.com guarantees that they are the owner of the aforementioned Purchase Object and may freely dispose of said Purchase Object. Furthermore, Folio365.com warrants that the Purchase Object is not encumbered by the rights of third parties and that to date, they have not received any warnings of potential litigation or preliminary injunctions against the Purchase Object that have not been disclosed to Buyer.
b) The Buyer understands and agrees that it is their sole responsibility and duty to perform all necessary due diligence before entering into this agreement to buy the Purchase Object, including research of fitness for particular intended uses, trademark clearance, or anything that could inhibit their future use and enjoyment of the Purchase Object.
c) Buyer and Folio365.com shall be liable to each other only for damages that are based upon their failure to perform the necessary steps to complete this transaction, intentional wrongdoing or gross negligence and shall not be liable for claims seeking consequential or punitive damages.
Processing the Transaction
b) Both Parties agree that processing of payment of the Purchase Price shall be conducted by the Buyer and the facilitation the transfer of control of the Purchase Object shall be conducted by Folio365.com. In the event that the Buyer fails to perform all reasonable steps necessary to submit payment, Folio365.com shall have the permission to cancel or temporarily suspend attempts to transfer said Purchase Object and to demand that the Buyer takes all reasonable steps necessary to complete the transaction. BUYER’S PAYMENT MUST BE SENT THROUGH PAYONEER ESCROW OR WIRE TRANSFER AND THE REMITTANCE CONFIRMED IN WRITING TO FOLIO365.COM WITHIN FIVE (5) DAYS FROM DATE OF AGREEMENT.
Once a Buyer certifies the receipt of the Purchase Object and that it is in the right condition within the 3-day review period as stipulated in the Payoneer Escrow invoice, and payment is released to Folio365.com signalling the completion of the transaction, Folio365.com does not offer any refunds.
Folio365.com and the Buyer shall employ proper procedures and standards designed to maintain the confidential nature of the terms of this Agreement, except to the extent
(a) the disclosure of which is reasonably believed by such party to be required in connection with regulatory requirements or other legal requirements relating to its affairs;
(b) disclosed to any one or more of such party's employees, officers, directors, agents, attorneys or accountants who would have access to the contents of this Agreement and such data and information in the normal course of the performance of such person's duties for such party, to the extent such party has procedures in effect to inform such person of the confidential nature thereof;
(c) that is reasonably believed by such party to be necessary for the enforcement of such party's rights under this Agreement.
You can choose to waive or not to waive confidentiality by checking one of the box below
I wish to waive confidentialityI do not wish to waive confidentiality
Disputes & Specific Performance
a) Due to the unique and specific nature of Internet domain names, the Buyer agrees that in the event a breach of this agreement by delayed/non-payment or otherwise which results in a failed attempt to transfer control of the Purchase Object from Folio365.com to Buyer, Folio365.com shall have the right to demand specific performance in lieu of monetary damages.
c) This Agreement shall be governed by and construed in accordance with the laws of Nigeria, without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of Nigeria or of any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Nigeria.
d) If any provision of this Agreement, or part thereof, shall be held to be unenforceable, void or contrary to law, such provision, or part thereof, shall be severed from this Agreement, with the other provisions remaining in full force and effect. The ineffective provision shall be replaced by a valid one that approaches the ineffective provision as closely as possible.
SIGN AND SUBMIT AGREEMENT
Date of Agreement
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Your Address (required)
I have read this document and I agree to all the terms stated therein