General Terms of Use

Depositing Party: the Contractor, that will hold the domain name in deposit if the Clients entered into the Instalment agreement or the Rental agreement.

Domain Purchase Price: the price agreed between the Provider and Transferee for the (ownership) transfer of a domain name.

Instalment Agreement: (only applicable for instalment/Lease to own transactions): the agreement between the Provider, the Transferee, and the Contractor which will be entered into if the Provider and the Transferee have agreed to an instalment plan regarding the Price.

Parties: Contractor and the Client. Either party may individually be referred to as the "Party" or "Counterparty." Price: the price agreed between the Contractor and the Client with respect to the Services.

Provider: the party offering a domain name for sale and/or selling a domain name. Registrar Services: the Services provided by the Contractor to the Client with respect to registering a domain name.

Rental Agreement: the agreement between the Rentor and the Rentee regarding the rent of the Domain Name.

Rentee: the party who rents a domain name from the Rentor. Rentor: the party who rents a domain name to the Rentee. Service Agreement: the agreement between Contractor and the Client under which the Contractor undertakes to provide Services.

Services: all services provided by Contractor to the Client, including Contracting Services with respect to domain name transfers and Registrar Services.

Third Party: a party with which the Contractor does not have a contractual relationship. Transferee: the party wishing to acquire a domain name.

User: the user of the Website. Website: dan.com Terms: These Terms of Use.

Article 2. Applicability

2.1 The Terms apply to any use of the Website (through any communication service whatsoever) and to all Services provided by the Contractor. Moreover, these Terms apply to any agreement between the Contractor and the Client (including, but not limited to, the Service Agreement, Rental Agreement and Instalment Agreement) and its respective legal successor(s). 2.2 The Terms are also applicable to contracts with the Contractor, for which Third Parties are involved by the Contractor to carry out the Contract.

2.2 The Terms are applicable to contracts with the Contractor for which Third Parties are involved by the Contractor to carry out the Contract.

2.3 Deviations or additions to the Terms are only valid when expressly agreed to in writing by the Contractor.

2.4 The applicability of any terms and conditions of the Client is explicitly rejected unless accepted in writing by the Contractor.

2.5 If any provision of the Terms is invalid or annulled, the remaining provisions of the Terms remain in full force and effect. The parties will then consult in order to agree on new provisions to replace the invalid provisions, while the purpose and intent of the original provisions are observed to their fullest extent.

2.6 In case of uncertainty regarding the interpretation of one or more provisions of the Terms, or if a situation occurs between the Parties that is not regulated by the Terms, the overall meaning and objective if the Terms will be leading and taken into consideration.

If the Contractor does not require a continuous strict compliance with the Terms, this does not mean that its provisions do not apply, or that the Contractor to any degree would lose the right to otherwise demand strict compliance with the provisions of the Terms.

2.8 The Contractor is at all times entitled to unilaterally amend these Terms. Any such changes will take effect at the date communicated therein (which will at any case be within a reasonable timeframe after they are announced), or upon Client’s first use of the Website and/or the Services, whichever occurs earlier. Article 3. Contractor and its Services

Article 3. Contractor and its Services

3.1 The Contractor operates the Website. The Website offers a platform on which: The Provider can offer domain names for rent or sale, and on which the Transferee/Rentor can search for, view, purchase, lease or rent domain names from the Provider; The client can acquire Contracting Services from the Contractor (including customer support services pre and post transaction); The Client can acquire Registrar Services from the Contractor (see B: Registrar Services); and Through which API Transactional Services are offered to Clients and Third Parties (see C: API Transactional Services).

3.2 In performing the Services as referred to above under (1), (2) and (4), the Contractor facilitates the handling and executing of an agreement to transfer a domain (either through ownership transfer or transfer of associated rights, such as lease or rental) between the Provider, the Transferee and/or Third Parties. The Contractor enables the communication between these parties and facilitates the transfer of the domain name after payment or the availability to the DNS of a domain in case of a Lease to Own or Rental agreement. For the avoidance of doubt, Contractor is not a party to any such agreement and assumes no liability and bears no responsibility in this respect, other than the responsibilities as set out in the respective agreement between the Contractor and the Client (such as the Service Agreement, Rental Agreement or Instalment Agreement).

3.3 Parties acknowledge and agree that the Contractor cannot exercise any rights to and therefore no influence on the actual state of the domain, including the accessibility of the domain names offered by the Provider. Contractor does not make any guarantees or warranties with respect to the domain. In case of a dispute with respect to the domain, Provider and the Transferee shall resolve such dispute between themselves. Contractor may provide facilitating services at its sole discretion, in order to help Provider and Transferee resolve their dispute amicably.

3.4 Provider and Transferee will enter into a separate agreement when either the Provider or Transferee has accepted the last offer made by the Transferee or Provider on the domain name of the Provider. Notwithstanding the foregoing, a binding agreement will be deemed to have been entered into between Transferee and the Provider, if the Transferee initiates a purchase via the so called Buy Now, Lease to Own or Rental option.

3.5 In exchange for its Services, Contractor is entitled to a commission fee from Provider, payable upon execution of the respective agreement between the Provider and Transferee. Contractor shall transfer the associated payment with a deduction of the applicable commission fee from the Price.

3.6 If the Provider and the Transferee have agreed on a Domain Purchase Price in a Lease to Own or Rental Agreement, Parties shall enter into an Instalment Agreement which shall be sent to the Transferee. The Provider will deliver the domain name under retention of title to Contractor until the Transferee has paid the full agreed Price in accordance with the Instalment agreement. The Contractor then manages the domain name on behalf of the Provider and Transferee, at their sole instructions. Contractor does not accept any liability, nor does it provide any warranty or guarantee other than that it hold the title in the domain for the duration of the Instalment Agreement. The Transferee may use the domain name under the conditions as set out in the Instalment Agreement until the transfer has taken place.

3.7 The Contractor shall at all times retain the right to cancel and/or terminate any (Instalment) Agreement and/or payment of the Domain Purchase Price if the Contractor believes this to be reasonably necessary (in its sole discretion), without any right of restitution of instalment(s) already paid and/or payment of any damages (whether direct or indirect). For the avoidance of doubt, if an Instalment Agreement is cancelled and/or terminated for whatever reason, the Instalment will be considered to have been a Rental Agreement (with retroactive effect), for which no restitution of Instalment (e.g. Rental) Fees are payable (see Clause 7.11).

3.8 In case all of the above criteria are met, the Contractor will complete the transaction of the domain transfer and/or Domain Purchase Price in accordance with its own procedures. Parties acknowledge and agree that the Contractor is not a payment provider and that Contractor does not make any warranties in that respect. In order to effectuate the transfer of payments, Contractor uses the services of a third party payment provider. The terms and conditions of the third party payment provider shall apply to such payments.

3.9 The Contractor shall at all times be entitled to transfer its rights and obligations from the Agreements relating to the Services to one of its group companies or its other appointed third parties and to amend its Services unilaterally. The Client can only transfer the rights and obligations from the Agreement(s) upon prior written consent from the Contractor.

Article 4. Rights and Obligations of the Client

4.1 If an agreement is reached between the Provider and the Transferee with respect to a domain, the Provider and the Transferee will undertake to provide full cooperation to the Contractor so that the Contractor can facilitate the transfer of the domain name.

4.2 Contractor shall invoice the Client upon providing the Services. Parties agree that separate payment and/or billing instructions may apply or be entered into by way of a separate agreement (including Service Agreement, Rental Agreement and Instalment Agreement). In case of a domain name transfer between two companies, the Transferee shall submit its business information (including address and VAT reference number, if applicable) to the Contractor in order for Contractor to generate the invoice.

4.3 Upon verification of receipt of the applicable Domain Purchase Price, Contractor shall transfer the domain to Transferee. If the Provider and the Transferee have agreed to an instalment plan or Lease to Own agreement regarding the Domain Purchase Price, the domain shall be transferred upon securing the total purchase Price in accordance with the conditions as set out in the applicable Instalment Agreement.

4.4 If the Contractor, for whatever reason, is unable to carry out its work or perform the Services, Contractor shall contact the Client(s) to reach a satisfactory solution for all Parties involved.

4.5 If the Client has not fulfilled its obligations under the respective agreement(s), Contractor shall not be held to cooperate with the transfer of the domain. In that event, Client will be considered to be in default (“verzuim”) with immediate effect, without the need to be provided with a notice of default or a term to remedy the breach. In addition to any rights or remedies that Contractor may have, the Contractor is entitled to cancel the transaction and/or terminate the respective agreement(s) with immediate effect, without being liable for any direct or indirect damages to the Client.

4.6 The Client must provide the Contractor with correct and valid contact information, including its email address. Client acknowledges and agrees that it is Client’s own responsibility to provide Contractor with valid contact information and a valid email address, and to update this information as often as may be reasonably necessary. Client cannot hold Contractor liable for any missed communication or any negative effects resulting from such missed communication, if such communication was sent to invalid or outdated contact details of the Client.

4.7 Payment of any costs or charges should always be made in the manner and within the period as stated on the invoice and in the currency as provided in said invoice, unless explicitly specified otherwise by the Contractor.

4.8 In case of a disputed invoice by the Client, Client shall inform the Contractor of its objections within 3 days after the date of invoice by mean of a digital written appeal (not by post). If the Client has not met these requirements, the Client shall be deemed to have accepted the invoice entirely.

4.9 Partial or full dispute of any invoice do not suspend the Client’s payment obligations thereof. Any failure to timely pay the invoice in full may result in additional surcharge in accordance with the statutory interest, apart from any other rights and remedies that the Contractor may have. In addition, Client is not entitled to set-off (“verrekenen”) any amounts payable to the Contractor.

4.10 If the Contractor cancels a transfer of a domain for any reason, the Transferee will be refunded within 3 business days after cancellation (except in case of an Instalment Agreement as per Clause 3.7 and 7.11). If the domain name had already been transferred to the Contractor’s escrow account, the Provider will receive a new authorization code within 3 business days in order for the Provider to regain control and ownership over the domain. If such provision of the authorization code is not possible for whatever reason, including a possible transfer lock, the Provider and Contractor will discuss and agree to an alternative way to returning the domain to the Provider.

4.11 Ultimately within 30 days after payment of the Domain Purchase Price to Contractor, the Transferee shall effectuate the transfer of the domain itself in accordance with the transfer instructions as sent by the Contractor. Parties may agree to an extension of the transfer period, for example in case the transfer of the domain is explicitly delayed as agreed by the Contractor and Transferee. If the Transferee doesn’t transfer the domain within the set timeframe of 30 days, and no exceptions to this clause have explicitly been made, the Transferee is deemed to have waived its rights to the domain. In the event the transfer of the domain has not been effectuated within the 30 day’s timeframe, the Contractor will be the legal owner of the domain. Parties acknowledge and agree that no refund of the Domain Purchase Price is possible after payment of such Price to the Provider.