The Sale of Website Agreement is essential for businesses engaging in the transfer of digital assets in the Philippines. This document is typically used when a company or individual wishes to sell their website, whether it's an e-commerce platform, content site, or business website. The agreement must comply with Philippine legislation, particularly the Electronic Commerce Act of 2000 (RA 8792), Data Privacy Act of 2012 (RA 10173), and Intellectual Property Code. It covers crucial elements such as asset transfer, intellectual property rights, user data handling, technical specifications, and transition arrangements. The document is particularly important given the growing digital economy in the Philippines and the need for clear legal frameworks in digital asset transactions. It provides comprehensive protection for both parties while ensuring compliance with local laws regarding electronic transactions, data privacy, and intellectual property rights.
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1. Parties: Identification of the seller and buyer with complete legal names and addresses
2. Background: Context of the sale and brief description of the website being sold
3. Definitions: Definitions of technical and legal terms used throughout the agreement
4. Sale and Purchase: Core terms of the transaction including the assets being sold and purchase price
5. Payment Terms: Details of payment amount, method, and schedule
6. Transfer Process: Steps and timeline for transferring the website and all related assets
7. Intellectual Property Rights: Transfer of IP rights, including domain names, content, and source code
8. Seller's Warranties: Warranties regarding ownership, functionality, and compliance with laws
9. Buyer's Warranties: Basic warranties from the buyer regarding authority to enter agreement and financial capacity
10. Data Protection and Privacy: Handling of user data and privacy compliance obligations
11. Confidentiality: Protection of confidential information exchanged during the transaction
12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction details
13. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendments
1. Transition Services: Include when the seller needs to provide support or training after the sale
2. Revenue Share: Used when part of the purchase price is tied to future performance
3. Employee Transfer: Required if website maintenance staff are being transferred
4. Third-Party Contracts: Include when the website has ongoing service provider contracts to be assigned
5. Content License: Needed if seller retains any IP rights that buyer needs to license
6. Non-Compete Clause: Include to prevent seller from competing in same space
7. Hosting Transfer: Include if specific hosting arrangements need to be transferred or maintained
1. Website Specification: Detailed technical description of the website, including functionality and features
2. Asset Inventory: Complete list of all assets being transferred (domain names, social media accounts, content, etc.)
3. Intellectual Property Register: Detailed list of all IP being transferred including trademarks, copyrights, and patents
4. Third-Party Software: List of all third-party software, licenses, and dependencies
5. User Data Categories: Categories and types of user data being transferred
6. Outstanding Liabilities: List of any ongoing obligations or liabilities related to the website
7. Transition Plan: Detailed timeline and steps for website handover and knowledge transfer
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