The Domain Transfer Agreement is essential for businesses and individuals in Hong Kong who need to legally transfer ownership of domain names. This document is commonly used in scenarios such as business acquisitions, brand transfers, or website ownership changes. It ensures compliance with Hong Kong's Electronic Transactions Ordinance and other relevant legislation while protecting both parties' interests. The agreement includes detailed provisions for the transfer process, technical requirements, warranties of ownership, and intellectual property rights. It's particularly important in the Hong Kong market where digital assets are increasingly valuable and domain ownership transfers must be properly documented to prevent future disputes.
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1. Parties: Identification of the transferor and transferee, including full legal names and registration details
2. Background: Context of the domain transfer, including current ownership and reason for transfer
3. Definitions: Definitions of technical terms, domain-specific terminology, and legal concepts used in the agreement
4. Subject Matter: Specific details of the domain name(s) being transferred
5. Transfer Process: Step-by-step process for executing the domain transfer, including technical requirements
6. Transfer Fee: Payment terms and conditions for the domain transfer
7. Representations and Warranties: Warranties regarding domain ownership, rights to transfer, and absence of encumbrances
8. Intellectual Property Rights: Statements regarding ownership and transfer of associated intellectual property rights
9. Completion of Transfer: Conditions for completion and confirmation of successful transfer
10. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
11. General Provisions: Standard contractual clauses including notices, entire agreement, and severability
1. Domain Management Services: Include when ongoing domain management services are part of the agreement
2. Multiple Domain Provisions: Include when multiple domains are being transferred with specific conditions for each
3. Trademark License: Include when the domain incorporates trademarked terms requiring licensing
4. Transition Services: Include when temporary post-transfer support is required
5. Anti-cybersquatting Provisions: Include when there are specific concerns about domain usage
6. Content Transfer: Include when website content is also being transferred with the domain
7. Dispute Resolution: Include when specific dispute resolution mechanisms beyond court jurisdiction are required
1. Schedule 1 - Domain Details: Technical details of the domain(s) including registration information, DNS settings, and hosting details
2. Schedule 2 - Transfer Timeline: Detailed timeline for the transfer process including key milestones and deadlines
3. Schedule 3 - Payment Schedule: Breakdown of transfer fees and payment terms if involving multiple payments
4. Schedule 4 - Technical Requirements: Specific technical requirements and procedures for the transfer
5. Appendix A - Domain Registry Requirements: Relevant registry-specific requirements and forms for the transfer
6. Appendix B - Current Domain Configuration: Documentation of current domain settings and configuration
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