Domain Name Transfer Agreement

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Domain Name Transfer Agreement

£30.00

Available to download

To be used when an owner of a website is transferring ownership of that website to another party e.g. as settlement where that party has threatened action for misuse of that website.

For example, if Business A discovers that a website being operated by Business B appears to suggest that the two businesses are affiliated and/or is abusing intellectual property owned by Business A, Business A may ask the Business B to transfer the ownership of the website to them rather than commence litigation.

Available to download

Product Description

You should consider the following:

  • If misuse has been alleged, how serious have the actions of the company running the website been? How much detriment has been caused to the other business? Can either party afford litigation? It may be easier to agree to transfer the ownership at the first instance.
  • The transferee (the person taking over the website) is agreeing that the transfer will mean that they will not pursue the company operating the website further.
  • The transferor is agreeing to pay any fees for transferring the website
  • The parties will need to agree the arrangements for delivering notices. In civil law proceedings documents have to be sent by certain deadlines, and the party seeking to rely on that document has to establish that the document has been sent within that time (in law this is called deemed service). Will the parties agree that proof of postage (e.g. a recorded delivery receipt) will be deemed service or will proof of delivery (a signature on delivery) be required?
  • Which legal system will have jurisdiction? – This means that the parties need to decide which legal system this agreement will operate under. If the terms are broken will the English courts (or the courts of another country) hear the claim?

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