This Agreement (“Agreement”) is made effective by and between DomCatch OÜ (the “Company”), and the purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing premium domains from the Company’s online shop (the “Product”). The client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.
Premium Domains Sale
There are two parts of the premium domains sale:
Part 1: The “Make an offer” functionality
- The “Make an offer” consists of a non-binding commercial offer. During this process, we will process your personal data for the purpose of communicating with you.
- If the offer is deemed extremely low based on the current market value of similar domains, your offer is rescinded automatically.
Part 2: The Direct purchase functionality
- The direct purchase functionality consists of the purchase of the specific domain listed.
- The purchase, if the payment process is successful, is considered final.
- After the purchase, you will receive within 48 hours the EPP code to execute the transfer of the domain to your own registrar.
- We do not provide technical support on domain transfers.
Due to the nature of domains being accessible within 48 hours upon purchasing, no refunds of any fees or other amounts paid by the Client in connection with the Product will be allowed under any circumstances.
By purchasing the Product, the Client will be asked to provide personal information including his/her name, email address, mailing, and billing address. The client agrees to allow the Company access to this personal information for all lawful purposes. The client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.
The billing information provided to Company by the Client will be kept secure and is subject to the same confidentiality and accuracy requirements as the Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
Warranties and Liability
The company makes every effort to ensure that the Product is accurate and fit for the use of the Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied, or statutory, including without limitation any warranties of merchantability or fitness for a particular purpose. Client agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client’s breach of these terms and conditions. Company shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
If the performance of this Agreement or any obligations hereunder is prevented, restricted, or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
The company does not make any guarantees as to the results, including financial or other personal gains, of the Client’s use of the Product. The client agrees to take responsibility for the Client’s own results with regard to using the Product.
This is a binding agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
Venue and Jurisdiction
Estonian Laws are applicable to these general terms and conditions. Disputes between the customer and operator about the creation of or the execution of agreements with respect to the service delivered or to be delivered by the operator can be presented to a competent Estonian court by either the customer or the operator.
This agreement cannot be transferred or assigned to any third party without the written consent of both parties.
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.