General Terms and Conditions of Doing Business of NICIT IT-Solutions GmbH (a private limited company)
NICIT IT-solutions GmbH, Käthe-Kollwitzstr. 2, D-79111 Freiburg i.Br., Germany (hereafter: NICIT) maintains on its homepage "www.nicit.de" a web-based market place for domain-names. Domain-owners can offer their domains for sale whereas NICIT provides the platform and receives a commission. NICIT offers further service for domain-owners and those who are interested in domains.
1. Subject of the contractFor offerers or sales prospects NICIT performs the service of enabling an unlimited number of prospective customers to have access to the offer of a provider who transmitted the offer to NICIT by using email or the NICIT website. Furthermore NICIT acts as agent who transmits declarations of intention i.e. offers, bids, counter-bids, acceptances, rejections that were expressed via email or the NICIT website between the parties concerned via email or the website. NICIT temporarily stores offers and declarations of intention in a databank. Hence, the contract which the sale of a domain is subject of comes about by the acceptance of a offer or bid between offerer and sales prospects.
2. Legal RelationshipNICIT does not perform as representative of those interested in domain-names and neither acts as trade agent in this respect. NICIT only acts as an agent of reception for the data transmitted by the parties. Any contract concerning the proffered domain does only affect offerer and sales prospects. Both parties are free to negotiate further conditions of the contract. Offers concerning a contract are to be declared to NICIT by the offerer as well as by the sales prospects via email or the NICIT website.
3. Who is Legitimate to offer Domains at NICIT?Only domain-owners –not administrator- are legitimate to have their domains placed on NICIT’s virtual market place. The offerer declares that the domain-name proffered by them is properly registered e.g. “.de”-domains have to be registered at DENIC eG. The offerer also has to declare that any claims or titles concerning the registration or use of the domain are prevailing neither judicial nor extrajudicial. Offerers who note the enforceability of such claims have to inform NICIT at once or else to cancel the offer if they are no longer in possession of the domain.
4. Limitation of Liability and Exemption of NICITNICIT does not verify the data supplied by the offerer especially whether a domain is registered under the offerer’s name. NICIT also does not reconsider the rights of the offerer and whether the proffered domain is free of claims or right of a third party. The offerer is liable for any inaccuracy of the supplied data. NICIT is not liable in case an proffered domain does not exist, or if rights or claims of a third party concerning the proffered domain are infringed unless NICIT caused an afore mentioned situation deliberately, grossly negligent. or as a violation of responsibilities inherent in the contract. The offerer exempts NICIT of all potential claims of the beneficiary and/or interested party that may result from an illegitimate placement of a domain on NICIT’s virtual marketplace and sale or legal transaction concerning an illegitimately placed domain.
5. Placing Offers in NICIT’s DatabankThe placement of offers in the general NICIT-databank is free of charge. In case the offerer wishes his domain to be included in NICIT’s promotion programs such as Showcase or Newsletter etc the offerer is charged an additional provisional fee which he has to pay NICIT. The extent of the fee applying to a particular promotion program is to be inferred from the NICIT pricelist or online order form. Payments for NICIT are to be done according to the order form which either means of remittance or PayPal. All payments are due at once.
6. Responsibilities of Sales Prospects for NICITSales prospect who submit a bid to NICIT commit themselves to be willing to engage in a legal transaction with the offerer of the domain they bid on. If the sales prospect whose submitted bid is accepted by the offerer fails to comply with his obligation expressed by the bid he is liable of compensatory payment to NICIT. The amount of the compensatory payment equals the fee the offerer would have been paying as reimbursement for a regular liquidation of the contract c.f. 9. The claim for compensatory payments only comes into effect if the offerer did not violate the law or the General Terms and Conditions of Trade laid out by NICIT which would be a materialization of an argument for the sales prospect to reject the contract.
7. Materialization of the Contract between Offerer and Sales ProspectOn his own behalf and on his own cost the offerer puts forward a domain for sale or other use to the highest bidding sales prospect of his choice. The contract comes into effect when the offerer, via email or the NICIT website, accepts a sales prospect’s bid addressed to him by NICIT. In this respect NICIT acts as agent who transmits declarations of intention of the parties. After the materialization of the contract NICIT discloses names, address including email to each contracting party respectively. If a party is, for reasons involved in the materialization of the contract, indebted to NICIT, NICIT reserves to postpone the disclosure of the party’s data until the payment is made.
8. Reimbursement of NICITReimbursement specifications are compiled in the price list.
8.1 Internal Partnership Program and Reimbursement of NICIT PartnersInternal partnership programs and their reimbursement are defined in the price list.
If an activity of a NICIT partner, that has been agreed on by the offerer, becomes causative for the conclusion of the contract the reimbursement of the seller increases according to the rate of commission set by the offerer in the customer menu c.f. price list. The same applies when NICIT had been promoting a proffered domain actively i.e. telephone calls, emails, contacts, so that the domain was not solely promoted through the virtual market place. The reimbursement is always paid NICIT by the offerer. After the complete and successful liquidation of the domain sale NICIT pays off the reimbursement to the partner. In case the buyer does not pay or the contract is not concluded the NICIT partner has no entitlement to the reimbursement. The offerer charters his agreement that NICIT and NICIT partners are allowed to actively promote the domain/domains the offerer has placed in the exchange platform. Only the offerer i.e. domain-owner, however, can eventually accept the proposals of a sales prospect. Partners are to win sales prospects but can not sell the domain/domains themselves.
8.2 External NICIT partnership programsExternal NICIT partnership programs and their reimbursement are determined directly on the sites of the external partnership program-marketers. Partners have to register there.
9. Failure of Implementing a ContractFails the implementation of a contract because of reasons NICIT is not responsible for and does NICIT’s mediation not avail, implementation or possible entitlements can eventually only be solved in a legal process unless the parties drop the issue. Because of privacy reasons NICIT can release information concerning an adversary party only in the course of a legal process. Before that NICIT will try to achieve an agreement acting as adjudicator.
10. Implementation of the Contract and Liquidation of Payments via Escrow AccountAfter a successful domain sale at the NICIT exchange or auction the buyer transfers the purchase price to the NICIT escrow account. In case the escrow account shall not be used according to the explicit desire of both parties, the seller receives the data of the buyer only after payment of the NICIT reimbursement. After NICIT receives either the buyer’s purchase price or the seller’s reimbursement NICIT exchanges the contact data between the parties that have been anonymous so far. Subsequently seller and buyer are committed to mutual contact and to implement the domain transfer as quickly as possible. The domain transfer lies beyond NICIT’s sphere of legal or other action but is solely in the spheres of buyer, seller, and domain provider. After NICIT asserted the successful transfer of the domain from seller to buyer by reviewing the domain-administration involved e.g. DENIC, NICIT is committed to quickly transfer the purchase price less NICIT reimbursements to the account the seller specified.
10.1 Limitation of Liability of NICITNICIT is not liable for any obligations that may result from a contract properly materialized between offerer (seller) and sales prospect (buyer) nor is NICIT liable for any contingencies that delay or prevent any obligations resulting from a materialized contract between offerer and sales prospect, outside NICIT’s sphere.
11. Trust – Transfer of Payments for external Domain-SalesLiquidations concerning sales of NICIT exchange and auction involving the NICIT escrow account are stated below 11. NICIT customers can also use the NICIT escrow account for a safe transfer of money from domain-sales which did not come about by the NICIT platform. Regulations concerning this matter are compiled in the order form and in the price list.
12. Domain-AppraisalsConditions of ordering an expertise are arranged directly on ordering an expertise. If you choose the expertise’s publication by explicating this option in your order you agree that NICIT is free to publish the expertise. The domain-value documents NICIT’s subjective assessment based on the factors analyzed. The reimbursement for a domain-expertise is stated in the order form as well as in price list.
13. Free Domain-Name ToolThe terms and conditions of trade concerning the free domain-name tool are embedded in these terms and conditions of trade and are hereafter stated in-depth.
You will also find user prices on our general price list.
14. Advertisement via NICITNICIT is permitted to advertise its virtual market place thereby facilitating the domains. Along these lines NICIT may post domain-names placed on its website in newsletter, ads, or special lists even of third parties.
15. Data ProcessingThe data transferred to NICIT by offerers and sales prospects are stored and processed as far as this is necessary to ensure the provision of services for the participants by NICIT and the liquidation of contracts between NICIT and the participants and among the parties themselves. By entering and submitting their data the participants agree to this practice. On demand the participants receive information about their individual-related data which is stored at NICIT.
16. Bank ConnectionReimbursements and purchase prices are transferable to
NICIT IT-Solutions GmbH
Hypovereinsbank Freiburg Bank Code: 68020186
Account Number: 321300022
For international customers:
SWIFT (BIC): HYVEDEMM357
For some services NICIT also offers different methods of payment that are to be inferred from the order forms. Banking and transfer fees the depositor accounts of.
17. Applicable Law, Place of Jurisdictiona) The law of the German Federal Republic applies.
b) The place of jurisdiction for all titles evolving from the business connection of NICIT and entrepreneurs is Freiburg i. Br., Federal Republic of Germany. This place of jurisdiction also applies if the participant of the NICIT marketplace has no general domestic place of jurisdiction, has –after materialization of the contract- moved his general domicile or place of residence outside Germany, or his general domicile or place of residence is unknown at the time of filing of action.
18. Power of RevocationIf the offerer is a consumer he is entitled to revoke his order of placing his offer in the NICIT marketplace within a period of two weeks. The revocation needs no statement of reasons und must be written and submitted on a durable medium or via email. To ensure the time limit a due dispatch of the revocation is sufficient. The right of revocation expires in case NICIT has, on behalf of the offerer, already begun executing the placement of the offer of the offerer before the expiration of the period of revocation or if the offerer himself has decided to do so.
As of: 1/03/10
NICIT IT Solutions
D 77955 Ettenheim
(Supportanfragen können per Email schneller bearbeitet werden.
Tel. +49-(0)7822 86 19 367
Fax +49-(0)32 22 929 1976
GF: Daniel Kollinger
Reg. Freiburg HRB 6473
Ust.Id: DE 213.325.942