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The Domain Name Transfer Agreement is a critical legal instrument used when transferring ownership of domain names in South Africa. This document is essential when businesses or individuals wish to sell, purchase, or transfer domain names, ensuring compliance with South African legislation, particularly the Electronic Communications and Transactions Act 25 of 2002. The agreement covers crucial aspects such as transfer procedures, payment terms, representations about domain ownership, and compliance with .za Domain Name Authority requirements. It's particularly important for protecting both parties' interests during the transfer process, addressing potential intellectual property concerns, and ensuring smooth technical transition of domain control. The document should be used whenever a domain name transfer occurs between parties in South Africa or when South African domain names are involved in international transfers.

1. Parties: Identification of the Transferor and Transferee, including full legal names, registration numbers (if applicable), and physical addresses

2. Background: Context of the agreement, current ownership status of the domain name(s), and purpose of the transfer

3. Definitions: Definitions of key terms used in the agreement, including 'Domain Name', 'Transfer Date', 'Registrar', 'Registration Fees', etc.

4. Subject Matter: Detailed description of the domain name(s) being transferred, including full domain name, registration details, and current registrar

5. Transfer Process: Step-by-step process for executing the transfer, including technical requirements and timeline

6. Payment Terms: Transfer price, payment method, timing of payment, and any escrow arrangements

7. Representations and Warranties: Warranties regarding domain ownership, absence of disputes, and authority to transfer

8. Obligations of the Parties: Specific responsibilities of both transferor and transferee before, during, and after transfer

9. Compliance: Compliance with ICANN policies, local domain authority rules, and applicable laws

10. Dispute Resolution: Process for resolving any disputes related to the transfer or agreement

11. Governing Law and Jurisdiction: Specification of South African law as governing law and jurisdiction for disputes