The current registrant (Seller) and new registrant (Buyer) of the domain name registration are required to complete all sections below, sign and date this Escrow Agreement indicating their understanding and acceptance of the terms of Vixa.com's escrow services, if escrow services are desired by the parties.  Complete and accurate information are required to use the escrow services and process your transaction. We required both the buyer and seller to complete this and fax it to us at (509) 696-4812 (United States). On matching both requests, an order ID will be assigned to the transaction. Once funds have been received, we will informed both buyer/seller and the seller can proceed to complete the transfer. And when this is completed, we will confirm this with the registrar by executing a "whois" search. At the same we required the buyer to make a change to the DNS and if this is confirmed, funds will be transferred to the seller. PLEASE NOTE: WE DO REQUIRE THE SELLER TO TRANSFER THE REGISTRAR TO VIXA.COM, use the transfer function. THERE IS NO TRANSFER FEE BUT AN EXTENSION FEE APPLIES WHICH IS ADDED TO THE LIFE OF THE DOMAIN NAME. THE EXTENSION FEE IS US 14/YEAR AND IS PAYABLE BY CREDIT CARD. THIS IS AN ADDED SECURITY PRECAUTION TO ENSURE ACCOUNTABILITY ON OUR SIDE. BY USING OUR SYSTEM, WE CAN MONITOR AND ACCOUNT FOR ANY ERRORS. IF YOU USE ANOTHER REGISTRAR, WE CANNOT GUARANTEE THE ACCURACY WHICH MAY RESULT IN DISPUTES. A POINT WHICH WE WOULD RATHER AVOID.

PLEASE COMPLETE THE FOLLOWING:

Seller of Domain Name Buyer of Domain Name
Name:____________________________________ Name:_____________________________________
Title:_____________________________________ Title:______________________________________
Email Address:______________________________ Email Address:_______________________________

Mailing Address:_____________________________

__________________________________________

Mailing Address:______________________________

___________________________________________

Fax No.:___________________________________ Fax No.:____________________________________
Daytime Phone No.:___________________________ Daytime Phone No.:___________________________



Domain name registration being transferred by Seller:____________________________________

Purchase price being paid by Buyer for the domain name registration (Do not include Escrow Fee here):____________________

Who is paying the Escrow Fee (please circle one):    Seller     Buyer

What is the amount of the Escrow Fee (based on Escrow Fee schedule):________________________

Reminder: If Buyer is paying the escrow fee, the fee amount should be added to the purchase price when sending the funds to Vixa.com. By wire transfer please note the following details.
Our Account is an Australian Dollar Account. Account Number 06-2016-10241208, Ecorpnu Pty Ltd ESCROW Account.  Bank's Name is Commonwealth Bank of Australia, Address: Liverpool and Castlereagh Streets, Sydney, NSW, Australia. Website: www.commbank.com.au

By cheque/bankdraft, the buyer should make the check for the domain name registration purchase price out to Ecorpnu Pty LTD Escrow Account.  If the buyer is paying the Escrow Fee amount should be added to the check.  Please remember to write the Domain Name and the word "Escrow" in the memo field on the check.

DEFAULT WAITING PERIOD: Unless both the Buyer and Seller elect otherwise, the transfer of registrant transaction is subject to a three business day waiting period.  During the waiting period, either Buyer or Seller can cancel the transaction for whatever reason and the purchase amount will be returned to the Buyer.  THE TRANSACTION CAN ONLY BE CANCELED IF VIXA.COM RECEIVES THE REQUIRED CANCELLATION NOTICE BY 5:00 P.M. ON THE LAST BUSINESS DAY OF THE WAITING PERIOD.  The form of cancellation notice that must be used is attached to the end of the Escrow Agreement.  The terms and conditions regarding the waiting period are contained in the attached terms and conditions and should be reviewed carefully.

To waive the Waiting Period, both Buyer and Seller must check and sign below.

WAIVER OF WAITING PERIOD

Seller's Signature:__________________ Buyer's Signature:__________________
Name:___________________________ Name:___________________________
Title:____________________________ Title:____________________________
Date:____________________________ Date:____________________________


ACCEPTANCE OF ESCROW SERVICES TERMS AND CONDITIONS

Seller's Signature:_________________ Buyer's Signature:_________________



Vixa.com also requires the following in order to process this agreement:



___ 1 - Please read the following carefully and if you have questions, please email it to us at escrow@vixa.com
___ 2- Escrow Agreement signed by both Buyer and Seller (above)
___ 3- Check for the purchase price or wire transfer information.  Please identify the domain name being transferred in the memo field of the check.
___ 4- Escrow Fee (if being paid by the Buyer) - added to the purchase price for the domain name registration.
___ 5- Seller's wire transfer instructions if Seller wants to receive the Purchase Price by wire transfer.

Once all the information and signatures above have been provided, please fax, messenger, or overnight express mail the entire document, along with all requested information, to:

Ecorpnu Pty LTD

C/o Vixa.com.
Customer Support/Domain Name Registration Transfers
1 Roma Ave
Kensington NSW 2033, Australia
or

P.O.Box 1460

Strawberry Hills, NSW 2012

Australia

(1) (509) 696-4812 (United States) FAX ONLY
(61) (411) 068897 (Australia) MOBILE/SMS ONLY

(61) (2) 9315-2291 (Australia) Land -Line ONLY

Email: escrow@vixa.com or info@vixa.com

or khkwan@yahoo.com (Managing Director for urgent cases)

 



TO BE COMPLETED BY SELLER ONLY, IF APPLICABLE

 

If the seller wants to be paid by wire transfer instead of by check, the seller must provide the following information and signature:

Bank:(Full Name)______________________________________________________________________________
Branch: (Including Address)______________________________________________________________________
Account No:(Including Bank's number, ask your bank)___________________________________________________
Account Name:________________________________________________________________________________
Type of Account _______________________________________________________________________________
Other Instructions if applicable:_____________________________________________________________________

Signature*:____________________________
*By signing here, Seller acknowledges and agrees that a $50 wire transfer fee will be withheld by Vixa.com from the purchase price.

TERMS AND CONDITIONS


1. Transfer Documents and Purchase Price

Seller shall provide the signed and notarized Letter of Authorization and the signed Transfer of Registrant Agreement (collectively the "Transfer Documents"), and Buyer shall provide an amount in funds equal to the purchase price (the "Purchase Price") agreed to by the Buyer and Seller for the transfer of registrant of the domain name(s).

Vixa.com shall hold the Purchase Price in an account until it is released to the Seller or returned to the Buyer in accordance with the terms of this Agreement.  Neither Buyer nor Seller shall receive interest on the Purchase Price.

2. Escrow Service

a. Activation of Escrow

The Escrow will be activated upon Vixa.com's receipt of the Transfer Documents and Purchase Price (along with the Escrow Fee, if payable by Buyer) and its notification to the Buyer and Seller of such receipt.  Vixa.com shall so notify the Buyer and Seller by electronic mail (the "Escrow Activation Notice").

b. Optional Three Business Day Waiting Period

Once Vixa.com transmits the Escrow Activation Notice, a three (3) business day waiting period starts (the "Waiting Period"), unless such Waiting Period has been waived.  During the Waiting Period, either or both of Buyer and Seller have the option to break Escrow and cancel the transfer of registrant transaction for any reason by transmitting, by fax, a signed and notarized cancellation notice (the "Cancellation Notice") to Vixa.com.  The form of Cancellation Notice that must be used is attached at the end of this Escrow Agreement.  A Cancellation Fee is payable by the party initiating the cancellation.  Vixa.com must receive the written Cancellation Notice no later than 5:00 p.m. on the third business day of the Waiting Period.  If the third business day falls on a weekend or a holiday, then on the next business day.  If the Waiting Period is waived, then neither the Buyer or Seller may break escrow and cancel the transfer.

c. Valid Cancellation Notice Received

If Vixa.com receives a timely and complete Cancellation Notice during the Waiting Period, then Vixa.com shall not process the Transfer Documents and shall return the Purchase Price to the Buyer within five (5) business days.  Vixa.com's duties as Escrow Agent shall then terminate with respect to the Escrow Agreement.

d. Termination of Escrow

Once the Purchase Price funds become available (i.e., the bank check clears or Vixa.com receives the wire transfer of the Purchase Price from Buyer), and upon the conclusion of the Waiting Period, if applicable, Vixa.com shall, within five (5) business days, initiate the transfer of the domain name registration to Buyer.  Once WHOIS displays the Buyer's contact name, Vixa.com shall release the Purchase Price to the Seller.

3. Escrow Fee

As consideration for Vixa.com's escrow services, Vixa.com shall be paid an Escrow Fee (the "Escrow Fee") pursuant to the Escrow Fee Schedule which can be found at http://www.Vixa.com/.  The Buyer and Seller shall decide between themselves how to allocate payment of the Escrow Fee.  If the Escrow Fee is paid by Seller, then Vixa.com shall deduct the amount of the Escrow Fee from the Purchase Price; and if the Escrow Fee is paid by Buyer, Buyer shall increase the amount of the Purchase Price by the amount of the Escrow Fee.  If a valid and timely Cancellation Notice is received by Vixa.com before the expiration of the Waiting Period (unless such Waiting Period has been waived), or if Vixa.com cancels the transfer pursuant to Section 6 below, then Vixa.com shall refund the Escrow Fee.  The Escrow Fee is nonrefundable in all other situations.

4. Transfer of Title

When Vixa.com transfers the domain name registration in accordance with this Escrow Agreement, then (a) Seller shall no longer have any right, title, interest, claim, and demand, either at law or in equity, to the domain name registration being transferred, and (b) Buyer shall no longer have any right, title, interest, claim, and demand, either at law or in equity, to the Purchase Price.

5. Limitation of Escrow Agent duties

Vixa.com's duties and responsibilities are limited to those expressly set forth in this Escrow Agreement.  Vixa.com is authorized to comply with and obey laws, orders, judgments, decrees, and regulations of any governmental authority, court, tribunal, or arbitrator.  If Vixa.com complies with any such law, order, judgment, decree, or regulation, Vixa.com shall not be liable to either of the Buyer and Seller hereto or to any other person even if such law, order, judgment, decree, or regulation is subsequently reversed, modified, annulled, set aside, vacated, found to have been entered without jurisdiction, or found to be in violation of or beyond the scope of a constitution or a law.

The Buyer and Seller each agree that Vixa.com will not be called upon to construe any contract or instrument. Vixa.com shall not be bound by any notice of a claim, or demand, or any waiver, modification, amendment, termination, cancellation, or revision of this Escrow Agreement, unless it is a valid and timely Cancellation Notice received before the expiration of the Waiting Period.

6. Disputes

If prior to Vixa.com's initiation of the transfer of the domain name registration to Buyer, Vixa.com receives bona fide notice (as determined by Vixa.com in its sole discretion) that there is a dispute pending with a third party under the ICANN-adopted Uniform Dispute Resolution Policy, or that there is any other dispute, whether pending or not, regarding the domain name registration being transferred, or the registration transfer itself, Vixa.com has the full discretion and authority to cancel this registrant transfer transaction.  In such case, Vixa.com will not process the Letter of Authorization and the Transfer of Registrant Agreement and will release the Purchase Price (and Escrow Fee, if paid by Buyer) to the Buyer.  Vixa.com shall then have no further obligations under this Escrow Agreement.

Buyer and Seller each agree to be bound by all terms and conditions of the Vixa.com's Uniform Dispute Resolution Policy available at http://www.Vixa.com (the "Dispute Policy").

7. No Representations or Warranties

VIXA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR VIXA.COM'S DOMAIN NAME REGISTRANT TRANSFER SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS OR WARRANTIES ARE NOT LEGALLY EXCLUDABLE.  WITHOUT ANY LIMITATION TO THE FOREGOING, VIXA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION AND TRANSFER OF REGISTRATION OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE BUYER AND/OR SELLER FROM CHALLENGES TO THE DOMAIN NAME REGISTRATION OR REGISTRANT TRANSFER, OR FROM SUSPENSION, CANCELLATION OR OTHER TRANSFER OF THE DOMAIN NAME REGISTRATION THAT IS THE SUBJECT OF THIS AGREEMENT.

8. Limitation of Liability

THE BUYER AND SELLER AGREE THAT VIXA.COM'S RESPONSIBILITIES AND LIABILITIES UNDER THIS ESCROW AGREEMENT EXCEPT AS A RESULT OF VIXA.COM'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, WILL TERMINATE UPON THE DELIVERY BY VIXA.COM OF THE PURCHASE PRICE TO THE SELLER AND THE TRANSFER OF THE DOMAIN NAME REGISTRATION TO THE BUYER UNDER THIS ESCROW AGREEMENT.  VIXA.COM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF VIXA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL VIXA.COM'S MAXIMUM AGGREGATE LIABILITY EXCEED THE LESSER OF THE TOTAL AMOUNT PAID BY THE BUYER FOR THE DOMAIN NAME REGISTRATION AND BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, VIXA.COM'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW OR USD 50 WHICHEVER IS APPLICABLE FIRST..

9. Indemnification of Vixa.com

The Buyer and Seller, jointly and severally, agree to defend, indemnify and hold harmless Vixa.com for any loss, damages or costs, including reasonable attorneys' fees, resulting from any and all claims, actions or demands arising out of or based upon any act or omission (alleged or otherwise) by Vixa.com or any other cause, in any case in connection with Vixa.com's acceptance of, or the performance or non-performance of, any of Vixa.com's duties under this Escrow Agreement.  Vixa.com shall be fully protected by acting in reliance upon the provisions of this Escrow Agreement.  This indemnification is in addition to any indemnification required under the Dispute Policy.

10. Governing Law

Except as otherwise set forth in the Dispute Policy with respect to disputes, this Escrow Agreement, the respective rights and obligations of the Buyer and Seller and all actions contemplated by this Escrow Agreement shall be governed by the law of the Commonwealth of Australia and the State of New South Wales, as if the Escrow Agreement was a contract wholly entered into and wholly performed within the State of New South Wales.  

11. Further Action

If either or both of the Buyer and Seller are required to take additional actions or execute additional documents reasonably necessary to effectuate the purposes of this Escrow Agreement, the Buyer and Seller hereby agree that, at their respective expense, they will take such additional actions and/or execute and deliver such additional documents.

12. Notices

The Buyer and Seller agree that any notices required to be given to the Buyer and Seller under this Escrow Agreement by Vixa.com will be deemed to have been given if delivered in accordance with the contact information Buyer and Seller have provided to Vixa.com.

13. General

This Escrow Agreement and the Dispute Policy, together with all modifications, constitute the complete and exclusive agreement between and among the Buyer and Seller and Vixa.com concerning use of Vixa.com as Escrow Agent.