The Domain Transfer Agreement is essential for businesses and individuals in Malaysia who wish to legally transfer ownership of domain names. This document is particularly crucial in today's digital economy where domain names represent valuable digital assets. The agreement ensures compliance with Malaysian regulations, including the Communications and Multimedia Act 1998 and the Electronic Commerce Act 2006. It covers critical aspects such as transfer procedures, payment terms, warranties, and obligations of both parties. The document is designed to protect both transferor and transferee interests while maintaining compliance with MYNIC (Malaysian Network Information Centre) requirements and other relevant Malaysian domain registration policies.
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1. Parties: Identification of the Transferor (current domain owner) and Transferee (new domain owner), including full legal names, registration numbers for companies, and contact details
2. Background: Context of the transfer, including current domain ownership and reason for transfer
3. Definitions: Definitions of key terms used throughout the agreement, including technical terms related to domain names
4. Subject Matter of Transfer: Clear identification of the domain name(s) being transferred and associated rights
5. Transfer Price and Payment: Details of the consideration for the transfer and payment terms
6. Transfer Process: Step-by-step process for executing the domain transfer, including technical requirements and timelines
7. Representations and Warranties: Statements by both parties regarding ownership, authority to transfer, and domain status
8. Transferor's Obligations: Specific duties of the current domain owner in facilitating the transfer
9. Transferee's Obligations: Specific duties of the new domain owner in completing the transfer
10. Completion: Conditions for successful completion of the transfer and post-completion requirements
11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution requirements
1. Third Party Rights: Required when there are existing third-party rights or obligations attached to the domain
2. Intellectual Property Rights: Needed when the domain includes trademarks or protected content
3. Data Protection: Required when personal data or customer information is involved in the transfer
4. Domain Content Transfer: Include when website content or associated assets are part of the transfer
5. Multiple Domain Provisions: Required when transferring multiple related domains
6. Confidentiality: Include when sensitive business information is involved in the transfer
7. Non-Competition: Optional clause to prevent domain use in competing business
8. Force Majeure: Include when additional protection against unforeseen events is desired
1. Schedule 1 - Domain Details: Technical details of the domain(s) including registration information, hosting details, and technical contacts
2. Schedule 2 - Transfer Process Timeline: Detailed timeline and milestones for the transfer process
3. Schedule 3 - Payment Schedule: Detailed payment terms and installments if applicable
4. Appendix A - Domain Registration Records: Current domain registration and ownership records
5. Appendix B - Technical Configuration: Current technical configuration and settings of the domain
6. Appendix C - Associated Assets: List of any associated assets included in the transfer (if applicable)
Relevant legal definitions
Clauses
Relevant Industries
Technology
E-commerce
Digital Media
Telecommunications
Professional Services
Retail
Financial Services
Education
Healthcare
Manufacturing
Real Estate
Hospitality
Relevant Teams
Legal
Information Technology
Digital Operations
Compliance
Corporate Secretariat
Brand Management
E-commerce
Digital Marketing
Information Security
Relevant Roles
Chief Technology Officer
IT Director
Digital Assets Manager
Website Administrator
Legal Counsel
Compliance Officer
Domain Manager
IT Security Manager
Digital Operations Manager
E-commerce Manager
Brand Manager
Intellectual Property Manager
Corporate Secretary
Business Development Director
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