The Domain Name Sale Agreement is a crucial legal instrument used when transferring ownership of domain names under Swiss jurisdiction. This document is essential for businesses and individuals looking to acquire or dispose of domain names, particularly those under .ch and .swiss top-level domains. It ensures compliance with Swiss federal laws, including the Federal Act on Domain Names and SWITCH registry requirements, while protecting both parties' interests through clear terms of sale, transfer procedures, and warranties. The agreement is particularly important in today's digital economy where domain names can represent significant business assets and require careful legal handling during ownership transfers.
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1. Parties: Identification of the seller and buyer, including full legal names, addresses, and registration details if companies
2. Background: Context of the sale, including current ownership status and brief history of the domain name
3. Definitions: Key terms used throughout the agreement, including technical domain-related terminology
4. Subject Matter of Sale: Precise identification of the domain name(s) being sold and current registration details
5. Purchase Price and Payment Terms: Amount to be paid and payment method, including any escrow arrangements
6. Transfer Process: Step-by-step process for transferring the domain name, including technical requirements and timelines
7. Seller's Representations and Warranties: Seller's guarantees regarding ownership, rights to sell, and domain status
8. Buyer's Representations and Warranties: Buyer's guarantees regarding legal capacity and compliance with registration requirements
9. Closing Process: Conditions precedent, closing requirements, and post-closing obligations
10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
11. General Provisions: Standard contractual clauses including notices, amendments, and severability
1. Intellectual Property Rights: Section dealing with associated trademark rights or other IP, used when the domain includes protected marks
2. Domain Content Transfer: Used when website content or associated assets are included in the sale
3. Escrow Services: Detailed escrow arrangements when using a third-party escrow service
4. Non-Competition Clause: Restrictions on seller's future domain activities, used in commercial sales
5. Confidentiality: Terms of confidentiality, used when transaction details should remain private
6. Domain Management During Transfer: Interim arrangements for domain management during the transfer period
7. Tax Provisions: Specific tax considerations and allocations, used in high-value transactions
1. Schedule A - Domain Details: Technical details of the domain including registration dates, registrar information, and DNS settings
2. Schedule B - Transfer Instructions: Detailed technical instructions for executing the domain transfer
3. Schedule C - Payment Schedule: If payment is in installments or involves multiple domains
4. Appendix 1 - Current Domain Registration Certificate: Copy of current domain registration proving ownership
5. Appendix 2 - Domain History: Historical information about the domain's ownership and usage
6. Appendix 3 - Associated Assets: List of any additional assets included in the sale (if applicable)
Relevant legal definitions
Clauses
Relevant Industries
Technology
E-commerce
Digital Media
Professional Services
Financial Services
Retail
Manufacturing
Healthcare
Education
Real Estate
Telecommunications
Consulting
Marketing and Advertising
Start-ups
Legal Services
Relevant Teams
Legal
Information Technology
Digital Operations
Compliance
Intellectual Property
Corporate Development
Brand Management
Technical Operations
Digital Strategy
Risk Management
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Digital Assets Manager
Chief Digital Officer
Intellectual Property Lawyer
Domain Portfolio Manager
Chief Legal Officer
Business Development Director
Digital Strategy Manager
Compliance Officer
Technical Operations Manager
Brand Manager
Corporate Counsel
Web Operations Manager
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