PremiumSale Terms and Conditions

Last Updated: Mai 2, 2017

1. Introduction

This Terms of Use (“Agreement”) sets forth the terms and conditions under which (“PremiumSale”) provides its services. Further, it constitutes a legally binding agreement between PremiumSale and any party registering at PremiumSale or otherwise using PremiumSale’s services (“User”). Thus, this Agreement is made part of and incorporated into the PremiumSale registration (signup) Form. Any use of PremiumSale’s products and services are subject at all times to this Agreement and the policies and agreements incorporated into and made an integral part of this Agreement by reference herein.

The Terms and Conditions outline the terms by which a User may participate in any auction, related auction services or portion thereof of domain names conducted by PremiumSale ("Auction"). Each of PremiumSale and User is also herein referred to as a “Party” and collectively as the “Parties.”

By registering for an account on PremiumSale, the User expressly acknowledges that they have read, understood and accept this Agreement.

The Agreement will effectively bind the User, upon the User clicking the “SUBMIT” button, at the end of the registration (signup) Form.

2. Services

PremiumSale provides a platform for Users to bid on products for sale via auction by persons/entities who list such products for purchase ("Seller") through PremiumSale's online auctions. PremiumSale through its platform provides information regarding auctions, such as pricing information, auction start/stop dates, and more. Further, the PremiumSale platform facilitates the auction process and at the conclusion of an auction automatically transmits the information of the User as the highest official bid ("Winning User") to the respective Seller. PremiumSale is not involved in the actual transfer of products between Users and Sellers. The legal product purchase contract regarding any product sold via auction is directly between the User and the Seller.

User hereby acknowledges that PremiumSale neither owns nor controls nor manages Seller's products auctioned on the platform. In the event of a product purchase, the reasonable assistance in managing a Won Domain is the responsibility of the Seller alone. PremiumSale does not guarantee that the User or the Seller will fulfill their obligations. Any breach of the User or the Seller is between those parties alone.

3. Term

The term of this Agreement commences, at the time of their account registration, when the User expressly accepts these Terms and Conditions.

4. Termination

4.1. Termination by both parties

4.1.1 Either party may terminate this Agreement by giving notice to the other party .

4.2. Termination by User

4.2.1. The User may terminate this Agreement by deleting the User's account from PremiumSale.

4.3. Termination by PremiumSale

4.3.1. PremiumSale may, at its sole discretion, immediately terminate this Agreement and/or delete User's account if the User is in breach of this Agreement.

4.3.2. Without limiting other remedies, Premiumsale may terminate the User's accounts and access to PremiumSale’s Service, if Premiumsale has evident reason to believe that the User

  • carries out fraudulent or other unlawful activities related to the auction
  • infringes third party rights
  • provides incorrect data
  • breaches the Terms and Conditions of this Agreement

4.4. Effect of Termination

4.4.1. The terms of this Agreement shall continue beyond the expiration or termination of this Agreement and will continue to be effective (including the terms relating to Payment, Termination, Intellectual Property, Limitation of liability, Indemnity, Confidential Information, and Governing Law).
4.4.2. Upon termination of this Agreement, the Services of PremiumSale will be terminated for the User.
4.4.3. The User acknowledges that the invoices for past auctions will not be affected by any termination.
4.4.4. Once termination is served, the User can no longer bid on new auctions.
4.4.5. In the event that a Party terminates this Agreement during an Auction any submitted bid by the respective User will be considered as invalid and removed from the auction process.

5. Payments

A domain name is purchased, when the User places the highest official bid at the end of an Auction. The amount of the bid must be paid in full within 7 business days of the close of the Auction by the Winning User. Payment must be remitted via wire transfer or PayPal. PremiumSale may, at its own discretion, also accept payment in any form other than those listed at PremiumSale.

6. Confidentiality

PremiumSale does not share any personally identifying information about the User unless legally required by applicable provisions, law enforcement or courts. PremiumSale reserves the right to share User's bid alias and the aggregate non-identifying bidding history , as well as auction domain names and the final auction price.
The User is hereby advised to consult PremiumSale’s Privacy Policy for further information on this topic. (Re: Privacy Policy)

7. PremiumSale Responsibilities and Rights:

7.1. PremiumSale is responsible to prepare and conduct Auctions for domain names.

7.2. PremiumSale will provide the Winning User with payment options for purchasing Won Domains.

7.3. When the Winning User's payment is received in full, PremiumSale will promptly notify the respective Seller.

7.4. PremiumSale proactively and aggressively works to prevent and/or stop or contain any fraudulent activity related to the Auctions.

7.5. PremiumSale refrains all employees and agents of PremiumSale from bidding on domain names.

7.6. If PremiumSale has reason to believe that the auction process was influenced by any fraudulent or other unlawful activity, PremiumSale reserves the right to regard the affected auction as invalid and schedule a date to reinitiate the auction.

8. User's Responsibilities:

8.1. Upon registering for an account, the User acknowledges and agrees that any subsequent participation and specifically bids entered and confirmed in an Auction is a legally binding agreement to purchase the domain name at the price of the confirmed bid. Thus, the User hereby acknowledges to be legally bound by the confirmed bid and price for the respective domain.

8.2. Upon winning an Auction, the Winning User will pay the full purchase price to PremiumSale withi n seven business da ys in a manner prescribed by PremiumSale.

8.3. The User understands and accepts that failing to pay for a winning auction withi n 7 calendar days of an auction's close date will give the Seller the right to withdraw from the contract and render the respective Auction void and all Auction items forfeit. Furthermore, the Winning User will be liable for damages claimed by the Seller or PremiumSale.

8.4. The User affirms at the time of placing any bid in any Auction, that the User has sufficient financial resources available at their disposal to make full payment for any winning bid the User makes.

8.5. The User warrants that any third-party who is given permission by the User to act on the User’s behalf (“Agent”) takes full responsibility for all binding bids made by the Agent and that overall, the Agent has the same responsibilities as the User, meaning that, the Agent is bound by all terms contained in this Agreement and that any breach of the Agreement by the Agent will be considered as a breach by the User.

9. Warranties; Disclaimer of Warranties

9.1. PremiumSale warrants with respect to itself only that:
9.1.1. It has the legal power and authority to enter into this Agreement.
9.1.2. It will perform its obligations under this Agreement in a timely manner, in good faith and with all due skill and care.9.1.3. Its performance under this Agreement shall comply with all applicable laws, regulations and policies.
9.1.3. Its performance under this Agreement shall comply with all applicable laws, regulations and policies.

9.2. The User warrants with respect to itself only that:
9.2.1. They have the legal power and authority to enter into this Agreement, the User being over the age of 18 years old in order to form a legally binding contract:
9.2.3. They will perform its obligations under this Agreement in a timely manner, in good faith and with all due skill and care;
9.2.4. To their knowledge, no action or relationship described or contemplated by this Agreement (including Winning User's ownership of a domain name purchased at the Auction) infringes, or will infringe third party rights, in particular intellectual property rights of any third parties;
9.2.5. Their performance under this Agreement shall comply with all applicable laws, regulations and policies.


10. Indemnification

10.1. The User agrees to indemnify, defend and hold harmless PremiumSale and its subsidiaries, officers, directors, employees, agents, successors and assigns, at its expense, from any and all third party claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys' fees and expenses, arising from or related to any breach of a warranty or failure to perform any covenants required of it under this Agreement.

10.2. The indemnified party will provide the indemnifying party with prompt and reasonable notice of the claim, allow the indemnifying party to conduct the defense or settlement of such a claim at the indemnifying party's sole expense and discretion, and provide reasonable cooperation with the indemnifying party in such defense or settlement; provided, however, that the indemnifying party will not settle any claim in a manner that does not unconditionally release the indemnified party or without obtaining the indemnified party's prior written consent, which consent will not be unreasonably withheld or delayed. The indemnified party will have the right to retain a counsel of its own choosing and at its own expense.

11. Limitation of Liability

PremiumSale accepts liability for cases of intentional misconduct or gross negligence. To the greatest extent permitted by law PremiumSale and its related companies and their directors, officers, employees and agents will not be liable to the User for any consequential, indirect, special, incidental, reliance, exemplary, or punitive damages arising out of or relating to this Agreement or the Services, whether foreseeable or not, and whether based on breach of any express or implied warranty, breach of contract, misrepresentation, minor negligence, strict liability in tort, or other cause of action (including damages for loss of data, goodwill, reputation, business, money, or opportunity), even if PremiumSale has been advised of the possibility of such damages. Under no circumstances will PremiumSale ’s aggregate liability to the User or any third party arising out of or related to this Agreement or the Services exceed the aggregate amount of fees paid hereunder regardless of the cause of action.

Further, PremiumSale assumes no liability or responsibility for User's failure to receive email notifications if such failure is a result of an inaccurate email address or Account contact information.

12. Governing Law, Courts

This Agreement will be governed by the laws of Germany, without reference to conflict of laws principles. The parties agree that jurisdiction and courts for any action arising out of or pertaining to this Agreement will be proper only in the courts located in Germany.

13. Modifications

13.1. All amendments or modifications of this Agreement will be binding upon the parties despite any lack of consideration as long as the same are expressly agreed to by the User and PremiumSale. It is expressly agreed that no usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement or alter in any manner the express terms of this Agreement.

13.2. PremiumSale may modify this Agreement from time to time. In that case, it will notify the Users through its services and/or by other means, such as via email, in order to give Users the opportunity to review those changes and determine if they wish to continue being aregistered User at PremiumSale . Remaining registered at PremiumSale after 30 days following any cha nges to this Agreement will be deemed to constitute User's consent to such changes. The operative and effective version of this Agreement will be the latest version available on the website.

14. Notice

Any notice or other communication between the Parties required or permitted under this Agreement will be in writing and will be delivered by hand, sent by first class mail (postage prepaid), sent by commercial courier, or transmitted by electronic mail or facsimile to a Party at the registered office, in the case of PremiumSale, and the contact information provided on the website, in the case of the User, or to such other contact information as the applicable Party may notify to the other Party.

Effectiveness - Any notice or other communication sent will:

  1. if delivered by hand, be deemed to have been received on the date of delivery;
  2. if sent by first class mail, be deemed to have been received on the third business day following the date of mailing; and
  3. if sent by electronic mail or facsimile, be deemed to have been received on the date the sender transmitted the notice or other communication.

15. Miscellaneous

The parties are independent contractors and do not intend to create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. This Agreement constitutes the entire understanding between the parties relating to the subject matter of this Agreement and supersedes all prior writings, negotiations or understandings with respect thereto. No modification or addition to this Agreement will have any effect except as set forth in Section Notice.