General Terms and Conditions for Membership of MissDomain
1. General
Membership of MissDomain AB (MissDomain) is free of charge. Advertising and auctioning is free of charge. Optional additional services operate in accordance with the price list applicable at the time.
MissDomain respects the personal integrity of its members and therefore handles information about the members confidentially in accordance with Swedish law. However, please refer to point 3 below with regard to the conveyance of contact information once an auction has ended.
Membership is personal and may not be used by more than one person. Nor may it be transferred to another person. Members may at any time make changes to their contact information or discontinue their membership. Correct contact information must be given in the member profile.
MissDomain shall be entitled, without prior notice, to make changes to the contents, function and conditions of the service.
MissDomain shall be entitled at any time to discontinue a membership. If an advertisement is registered that contravenes this agreement MissDomain shall be entitled to discontinue the advertisement and any auction that may be in progress.
MissDomain shall be entitled at any time to discontinue a membership where there has been a breach of the general terms and conditions of the agreement, for instance where a member in his/her capacity as a party in an auction that has ended chooses not to assist in the transfer even though a valid agreement has arisen (point 3.5).
2. Terms and conditions for buying and selling
Advertised domains and advertising texts must be in accordance with Swedish law. Any breaches will be reported to the police.
Members have a duty to check carefully all information in their own auctions and, immediately on discovery or when pointed out to them, to correct wrong information by editing or alternatively closing the auction and registering the auction again.
The Seller is responsible for ensuring that the domain name does not make infringements of company names or trademarks. The Seller agrees not to include in his/her auction an advertisement for, or information about, competing services.
3. Auction and Agreement
If a bid from a buyer is accepted, the auction begins. Members may take part in all current auctions. However, the Seller may not, either himself/herself or by proxy, place a bid in his/her own auction.
The auction lasts for 7 days and the bidder who has placed the highest bid on the domain name at the end of the auction is the winner.
A binding agreement arises between the Seller and the bidder who has made the highest bid once the auction has ended (hereinafter the Buyer). MissDomain sends an automatically generated message to both parties via the e-mail addresses indicated by the Seller and Buyer in their member profiles. This e-mail contains the following information:
1. That the auction has ended
2. That a binding agreement has arisen
3. That the Buyer is obliged to buy the domain at the price corresponding to the winning bid in the auction.
4. That the Seller is obliged to sell the domain at the price corresponding to the winning bid in the auction.
5. That both parties, in accepting the General Terms and Conditions of MissDomain, have committed not to obstruct the progress of the transaction and to assist in effecting the domain and payment transfers without difficulties or delay.
6. Name and contact information of the Buyer and Seller according to the information in the member profile of the respective party on MissDomain.
7. The possibility of opting for assistance by MissDomain in the form of a Client Funds Account and transfer administration. (Please see below)
If one party in an auction that has ended does not cooperate in ensuring that payment is made without difficulty or delay, MissDomain may (though is not obliged to) charge a fee of 300 Euro to the party that is in breach of the agreement. Of this charge, 200 Euro is forwarded to the party that has suffered a loss as a result of the unconcluded business.
4. Client Funds Account (Escrow) and Management of change of owner
As an optional service, the Buyer or Seller may choose for MissDomain to assist in the administrative and/or monetary transaction. These two services are separate and may be purchased separately or together at a fixed price by the party that wishes to. For current prices, see price list.
5. Liability
MissDomain provides only the technical platform and has no influence over the course of the auctions, either as an intermediary or delegate. MissDomain is not an arbitrator in any disputes that may occur. MissDomain accepts no responsibility for the correctness of information provided by the Buyer and Seller in their member profiles. MissDomain is not responsible for the transactions being completed. MissDomain does not pledge to represent either of the parties in the case of any dispute.
MissDomain is not responsible for the contents of the domain names or websites advertised or auctioned by the Seller. MissDomain shall not be liable to provide compensation to the Buyer or Seller as a result of incorrect information, errors or failings in a domain name or website, or for other reasons arising from buying or selling on MissDomain.
MissDomain shall be free of liability where MissDomain is prevented or obstructed in completing its obligations by circumstances beyond the control of MissDomain, where these could not reasonably have been predicted by MissDomain or whose consequences MissDomain could not reasonably have avoided or overcome.
The service operates 24 hours a day, seven days a week. During certain periods, the service is not monitored and there may at such times be delays in attending to operational disturbances. In no case may a member make a claim against MissDomain on the grounds of operational disturbances, or the inaccessibility or unsatisfactory technical functioning of MissDomain, or as a result of it having contained a computer virus or similar fault.