The Domain Sale Agreement is a crucial legal instrument used in South Africa when transferring ownership of domain names between parties. This document is essential for both individual domain holders and businesses looking to acquire or dispose of digital assets. It ensures compliance with South African legislation, particularly the Electronic Communications and Transactions Act 25 of 2002 and relevant domain authority regulations. The agreement typically includes comprehensive details about the domain(s) being transferred, ownership verification, warranties of title, payment terms, transfer procedures, and post-transfer obligations. It's particularly important for protecting both parties' interests by clearly defining the terms of the transfer, handling technical requirements, and establishing dispute resolution mechanisms. The document should be used whenever a domain name is being sold or transferred to ensure a legally sound and secure transaction within the South African legal framework.
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1. Parties: Full legal names and details of the seller and purchaser, including registration numbers for companies or ID numbers for individuals
2. Background: Context of the sale and brief history of domain ownership
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Domain Name Details: Specific details of the domain name(s) being sold, including registration date and registrar information
5. Sale and Purchase: Core terms of the sale including purchase price and what is included in the sale
6. Payment Terms: Details of the purchase price, payment method, and timing of payments
7. Transfer Process: Step-by-step process for transferring the domain name to the purchaser
8. Seller's Warranties: Warranties regarding ownership, right to sell, no encumbrances, and domain status
9. Purchaser's Warranties: Warranties regarding ability to complete purchase and compliance with registrar requirements
10. Transfer of Risk: When and how risk transfers from seller to purchaser
11. Confidentiality: Obligations regarding confidential information shared during the transaction
12. Dispute Resolution: Process for resolving any disputes that may arise
13. Governing Law: Confirmation of South African law as governing law and jurisdiction
14. General Provisions: Standard boilerplate clauses including notices, entire agreement, and severability
1. Existing Content Transfer: Terms regarding transfer of website content, applicable when website content is included in the sale
2. Revenue Transfer: Provisions for transferring existing revenue streams, applicable when the domain has active income
3. Intellectual Property Rights: Detailed IP provisions, needed when additional IP assets are involved beyond the domain name
4. Transition Services: Terms for any technical support or transition assistance, used when seller agrees to provide post-sale support
5. Domain History Declaration: Detailed history of domain use and compliance, important for high-value domains
6. Employee/Customer Data: POPIA compliance provisions, required if personal data is involved in the transfer
7. Non-Competition: Restrictions on seller's future domain activities, optional for high-value or business-critical domains
1. Domain Technical Details: Technical specifications, hosting details, and access credentials
2. Proof of Ownership: Documentation proving seller's ownership and registration history
3. Payment Schedule: Detailed breakdown of payment terms if involving installments or escrow
4. Transfer Procedure: Step-by-step technical process for domain transfer
5. Due Diligence Results: Summary of technical and legal due diligence findings
6. Related Assets: List of any additional assets included in the sale (if applicable)
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