Terms & Conditions

APRIL 2018

PLEASE NOTE - NAMEBID HAS LAUNCHED IN APRIL 2018 in BETA MODE and will continue in this mode until this notice disappears. Please bear with us as we iron out any initial bugs over the coming weeks.

If you have an urgent problem with the platform, please email support@namebid.com.au and someone will help you as soon as possible.

All of the T&Cs you are about to read will change a lot during the next few months. The website and rules and various pricing structures will also change a lot as we receive your valuable feedback.

Please be sure to check this page often.

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NAMEBID TERMS OF SERVICE
In these terms and conditions, "we" "us" and "our" refers to NameBid.  Your access to and use of all information on this website ("NameBid") including selling of your domain names through our service/s is provided subject to the following terms and conditions.

We reserve the right to modify or terminate our services, at our discretion, without notice and without liability to you or any other user or third party. We also reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. Although we will notify you of major changes to these terms and conditions, we recommend that each time you access our website you read these terms and conditions.

MEMBERS

1. In order to access the services and sell your domain names on NameBid, you must become a member. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

2. You agree to ensure that your registration details, including your name, email address and phone number are true and accurate at all times and you undertake to update your registration details from time to time when they change. If we become aware that either your name and/or email address is incorrect, we reserve the right to immediately cancel your registration and acceptance for registration in the future will be at our discretion.

3. You agree, through your use of this service, that you will not use our service to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person.

4. On registration, we provide you with a password. On registration you agree to pay our commissions for selling your domain names on NameBid as set out below.

5. We reserve the right to terminate your membership at any time if you breach these terms and conditions.


SELLING DOMAIN NAMES

6. EXCLUSIVITY. We require EOF (exclusivity of sale) for all domain names you list on NameBid. This means, if you receive any inbound enquiries on a domain name while it is listed on NameBid, or on any other platform whilst your name appears on NameBid, you must direct buyers to NameBid to make an official offer to buy it. If your domain name appears on other domain name selling platforms, you should remove the domain name from those platforms while your name appears on NameBid. We believe these rules will strengthen the Australian domain name industry for all domain name sellers by creating a single trusted source for for startups, businesses and companies to buy their domain names. We believe our Domain Brokers can get you a higher end-user retail price for your domain name, in line with the current market value compared to recent sales, using our valued experience, than you are able to generate yourself.

7. CHANGE DNS. Although not compulsory, we are willing to provide you with the DNS settings and a free parking page to display on each of your domain names. Please contact us if you would like to use our parking website pages. This makes it quick and easy for you, and directs people to NameBid to buy your domain name, as well as parks your domain name in line with auDA "Domain Monetisation" policies.

8. POLICY DELETE. Please be advised that we take no resposibility or blame if your domain name doesn't meet auDA Policy guidelines or is placed into Policy Delete whilst appearing and/or being parked with/by NameBid. We will endeavour to ensure parking pages and other policy guidelines meet auDA Policy at all times and may volunteer to aid you in defence of an auDA Complaint. We will unfortunately not be able to aid you if the domain name escalates into a legal battle or auDRP Complaint.

9. You agree to apply a SRP (seller reserve price) for EVERY domain name you add to our system.

10. SRP VS BRP. Every domain name you enter in the system MUST have an SRP (Seller Reserve Price) and a BRP (Broker Reserve Price). You must add the SRP when you are adding the name to the system. One of our domain brokers will add the BRP shortly after you add your names. Once the SRP and the BRP have been added, the average of the two names will be calculated to form the NBRP (NameBid Reserve Price). 

Bidders on the platform don't see the NBRP until it has been met. Once an offer is made on NameBid that meets the NBRP, the domain name price is made available for bidders to see and the name enters LIVE AUCTION and displays: LOCKED IN TO SELL.

Once the name is LOCKED IN TO SELL, it will appear on the front Homepage of NameBid with a 48-hour countdown clock. All members of NameBid will also be notified that the 48-hour countdown has begun for the domain name.

If no higher offers are made against the domain during this time, the domain will be sold for the NBRP. In the event that a higher offer is made against the domain name during countdown, the counter will reset to another 48 hours. This will continue until the domain name is sold.

Please be advised that you can NOT change your SRP once LOCKED IN TO SELL status has been reached and activates the 48-hour countdown clock.

IT IS YOUR RESPONSIBILITY TO ENSURE YOU CORRECTLY and INITIALLY ADD YOUR DESIRED SRP. By placing your domain name on the NameBid system with your username and password, and entering your SRP, you hereby grant us exclusive permission to sell your domain name for the NBRP once a bid has met it.

11. COMMISSION. Our commission for providing the service platform and domain brokerage expertise for selling your domain names is $55 inc GST plus 20% of the final sale price for each and every domain name we sell for you on NameBid or through our DBR domain brokerage service. This fee includes COR (Change Of Registrant).

12. BRP. All prices are in Australian Dollars (AUD) and are inclusive of GST.  We endeavour to ensure that our BRPs (broker reserve prices) reflect current market value. Our BRPs can be accessed from your Domain Name List once you are logged into your account. We reserve the right to amend our BRPs and any other domain name price created by NameBid at any time. 

13. BRP Trigger. If a buyer places a bid that meets the BRP, but doesn't yet meet your SRP, you will be contacted and asked if you'd like to reduce your SRP to the BRP. If you agree, the domain name will instantly go into LIVE AUCTION 48-hour countdown on the front homepage and all NameBid members will be alerted. If you agree to this action, the domain name is locked-in to sell once the 48-hour countdown completes and you can not withdraw your domain name during this time.

 

BUYING DOMAIN NAMES

14. SRP. If you bid on a domain name on NameBid and you meet the SRP, the domain name instantly goes into a 48-hour LIVE AUCTION countdown on the front homepage of NameBid. This means that all NameBid members are alerted that the domain name will sell to you at the end of this 48-hour countdown period. If other interested parties make higher offers on the domain name during this period, they will receive the domain name, instead of you, when the countdown completes. Every time a new offer is made against a domain name during the 48-hour countdown period, the countdown timer resets to a further 48 hours. If you are still the highest bidder for the domain name after the extension periods have all completed, you are obliged to pay for the domain name in full within 48 hours. Failure to pay during this time will see you banned from future bidding on Namebid and named and shamed. If there was a second-highest bidder for the domain name in this case, they will then be given the option to buy the domain name, instead of you, at their last highest bidding amount.

15. FEE. You will be charged $55 per domain name you purchase on NameBid. This is over and above the amount you pay for the domain name. This fee includes COR (Change Of Registrant).

 

MANIPULATION OF BUYING OR SELLING RESULTS

16. We are committed to provide our users the most relevant domain name sale results in the current market presented in the order of greatest relevance. We do not guarantee any domain name recommended pricing or BRP result for any listing. We also reserve the right in our sole discretion to adjust the ranking or pricing of domain name results for any listing and to remove listings if we believe people are abusing our Site.


GENERAL BUYING AND SELLING CONDITIONS

17. All prices are in Australian Dollars (AUD) and are inclusive of GST.  We endeavour to ensure that our BRPs (broker reserve prices) reflect current market value. Our BRPs for your domain names can be accessed from your Domain Name List once you are logged into your account. We reserve the right to amend our BRPs and any other domain name price created by NameBid at any time.

18. Domain Name Access. Every domain name you buy on NameBid will be moved into a Registry.com.au account for you to control. You will be given a username and password for your new account which will give you full control over the domain name once it has successfully been transferred. From that point you can move the domain name to another registrar or add hosting or alter the DNS.

 

SITE ACCESS

19. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

20. When you visit our website, we give you a limited licence to access and use our information for personal use.

21. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.

22. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

23. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

 

USER CONTRIBUTIONS TO THE SITE

24. There are many opportunities for you to contribute to NameBid. These include, among others, uploading photos, articles, classifieds, links or other materials, which collectively, we call "Content" to the Site. We are not liable or responsible for any content provided by our users or other third parties to the Site ("User Content"). The contributions of third parties do not necessarily represent the view or opinions of Us. Often, we can not preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. We attempt to verify the identity of people using our Site, but you assume the risk of believing or not believing any User Content you read, and we are not responsible for "fake users" who trick their way through our identity verification methods.

25. All posts, articles and comments are public and not private communications. Although we reserve the right to remove without notice any review posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. If you post anything, you guarantee to us that you have legal rights to post your material and it will not violate any law or the rights of any person.

26. If you post any original content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting it to the Site, you give us the royalty-free, irrevocable, perpetual, worldwide right to use, or allow others to use, distribute, reproduce or otherwise use the content in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. We are not liable for any lost data resulting from the operation of our Site and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any content they submit to the Site.


DIRECTORY RESULTS

27. By using the Site to obtain information for or link to another site, you agree and understand that you may not make any claim against Us for any damages or losses, whatsoever, resulting from your use of the Site to obtain directory results and/or to link to another site.

28. We assume no responsibility for any content included in our databases, or any site linked to by the databases or otherwise accessible from this Site, and will not be responsible for any errors or omissions contained in our databases, this Site, or any site otherwise accessible from this Site.

29. We encourage all users to exercise their own discretion in using our services. If a site which is brought to our attention is deemed by Us to be offensive, then the link to it will be removed from our Site or database at the earliest practicable time.

 

HYPERLINKS

30. This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

31. You may link our website without our consent.  Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.


INTELLECTUAL PROPERTY RIGHTS

32. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

33. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

34. Any comment, feedback, idea or suggestion (called "Comments") which you provide to us through this website becomes our property.  If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

35. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

36. Nothing on this Site or use of the Services, will be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of us, our parent or subsidiaries, affiliates or other third party.

37. All rights in relation to any content to which you may be directed through the use of our Services remain the property of the respective owners of that content, and we makes no representations regarding the use of that content.


DISCLAIMERS

38. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of domain name sales or services or domain name monetisation or parking revenue for a particular purpose and non-infringement of proprietary rights.

39. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. 

40. We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

41. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders.  Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

42. We do not guarantee that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any content, search or link on it. We do not and cannot guarantee that your search results will be complete or accurate or that the links associated with the index will be accurate or active at the time of your search. The Site and its content are delivered on an "as-is" and "as-available" basis.

43. We disclaim any warranties regarding the security, reliability, timeliness and performance of the search services we provide.


LIMITATION OF LIABILITY

44. FAILED DOMAIN NAME SALE. If the sale of a domain name doesn't come to fruition:

    1. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
    2. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
    3. Although we will make all legal and reasonable attempts to enforce a buyer to pay the full amount for your domain name once they have reached SRP, we accept no liability or blame for a domain name not-selling, for any reason. If a buyer doesn't end up paying for a domain name, the domain name is simply offered to the next highest bidder, or else added to our platform again to be sold again to someone who can afford it.

INDEMNITY

45. Under no circumstances will we, our parent or subsidiaries, any of the companies we are affiliated with, or any of our content providers be liable to you (or any third party making claims through you) for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use our services, resulting from any services purchased or obtained or messages received or transactions entered into through our services, resulting from loss of, unauthorized access to or alteration of a user's transmissions or data or for the cost of procurement of substitute goods and services, including but not limited to damages for loss of profits, use, data or other intangibles, even if we had been advised of the possibility of such damages.

46. You understand that you are personally responsible for your behavior while on the Site, and agree to hold harmless and indemnify us and our parent, subsidiaries, affiliates, and their officers, directors, employees, consultants and agents, to the full extent permitted by law, from and against any loss, damage, liability, cost or expense of any kind, including legal fees, that we may incur in connection with a third party claim or otherwise, arising from or in connection to your use of our Site. This includes, without limitation, an infringement by the user, or any other users of its account, of any intellectual property rights of a person or an entity and also your use of the Site to provide a link to another site or to upload content or other information to the Site.


WAIVER OF LEGAL RIGHTS

47. If a user breaches any of these terms and conditions of use, and we have knowledge of that breach, a failure to pursue legal action or to enforce any remedy against the user will not constitute a waiver of our legal rights.

48. Any waiver of any provision of these terms and conditions of use will only be effective if it is in writing and signed by us.


JURISDICTION

49. These terms and conditions are to be governed by and construed in accordance with the laws of Western Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Western Australia and you agree to submit to the jurisdiction of those Courts.

50. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.


PRIVACY

51. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

52. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.