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Domain Name Sale Agreement for Germany

Domain Name Sale Agreement Template for Germany

A comprehensive legal agreement governed by German law that facilitates the sale and transfer of domain name ownership from one party to another. The document outlines the terms and conditions of the sale, including purchase price, payment terms, transfer procedures, and warranties. It ensures compliance with German civil law requirements, DENIC regulations for .de domains, and relevant EU regulations including GDPR. The agreement includes provisions for the technical transfer process, representations about domain ownership and rights, and mechanisms for completing the transaction securely.

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What is a Domain Name Sale Agreement?

The Domain Name Sale Agreement is essential for businesses and individuals engaging in the purchase or sale of domain names under German jurisdiction. This document is particularly relevant when transferring ownership of valuable digital assets, especially .de domains regulated by DENIC. It serves as a legally binding contract that protects both parties' interests by clearly defining the terms of sale, transfer process, and respective obligations. The agreement becomes crucial when significant monetary value is involved, when the domain has commercial importance, or when additional digital assets are included in the transfer. It ensures compliance with German civil law, telecommunications regulations, and EU data protection requirements while providing a clear framework for executing the domain transfer securely and legally.

What sections should be included in a Domain Name Sale Agreement?

1. Parties: Identification and details of the seller and buyer of the domain name

2. Background: Context of the agreement, including current ownership status of the domain and intention to transfer

3. Definitions: Key terms used throughout the agreement including 'Domain Name', 'Transfer Date', 'Purchase Price', etc.

4. Subject Matter of Sale: Specific details of the domain name(s) being sold and confirmation of ownership

5. Purchase Price and Payment Terms: Amount to be paid and payment method, including any escrow arrangements

6. Transfer Process: Detailed steps for transferring the domain name ownership

7. Seller's Representations and Warranties: Guarantees regarding ownership, right to sell, no encumbrances, etc.

8. Buyer's Representations and Warranties: Confirmations regarding legal capacity and compliance with terms

9. Completion of Transfer: Conditions for completing the transfer and timeline

10. Governing Law and Jurisdiction: Specification of German law and competent courts

11. General Provisions: Standard clauses including severability, entire agreement, and amendments

What sections are optional to include in a Domain Name Sale Agreement?

1. Domain Content Transfer: Used when website content or associated assets are included in the sale

2. Intellectual Property Rights: Required when the domain includes trademarks or protected terms

3. Escrow Services: Include when using third-party escrow services for the transaction

4. Transitional Services: Needed when seller agrees to provide temporary hosting or technical support

5. Non-Competition Clause: Include when restricting seller from registering similar domains

6. Data Protection: Detailed GDPR compliance section when significant personal data is involved

7. Domain History Declaration: Include for domains with significant trading history or previous disputes

What schedules should be included in a Domain Name Sale Agreement?

1. Domain Details: Technical details of the domain including registration date, registrar, and hosting information

2. Transfer Procedure: Step-by-step technical process for domain transfer as per registrar requirements

3. Historical Traffic Data: If agreed, analytics and traffic statistics for the domain

4. Associated Assets: List of any additional assets included in the sale (logos, content, etc.)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Sales Contract

Sector

Sales

Cost

Free to use
Relevant legal definitions




























Clauses




























Relevant Industries

Technology

E-commerce

Digital Services

Information Technology

Web Services

Domain Trading

Online Retail

Digital Marketing

Telecommunications

Legal Services

Relevant Teams

Legal

Information Technology

Digital Operations

Compliance

Business Development

E-commerce

Digital Marketing

Technical Operations

Intellectual Property

Risk Management

Relevant Roles

Legal Counsel

Domain Manager

IT Director

Digital Assets Manager

Chief Technology Officer

Compliance Officer

Business Development Manager

Website Administrator

Digital Operations Manager

Intellectual Property Manager

E-commerce Manager

Chief Digital Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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