Domain brokerage terms of engagement

1. Parties

These terms govern the engagement between Domo Digital Pty Ltd (ABN 73 168 330 238) trading as GreatDomains.com.au ("we", "us", "our") and the person or entity submitting an enquiry ("you", "the Client"). By submitting an enquiry or instructing us to pursue a domain name on your behalf, you agree to these terms.

2. Scope of services

We act exclusively for buyers. Our services may include:

• Researching the ownership, history and value of a target domain name.
• Capturing WHOIS data and a screenshot of any live website at the time of enquiry.
• Approaching the current registrant on an anonymous basis on your behalf.
• Negotiating commercial terms for the sale and transfer of the domain.
• Coordinating payment handling and the registrar-to-registrar transfer of the domain into an account you control.

We do not guarantee that any target domain can be acquired, or that it can be acquired within any particular price range or timeframe. The registrant is under no obligation to sell.

3. Fees

1. Engagement fee: A non-refundable engagement fee of AUD $220 per domain name(inclusive of GST) is payable to commence work on each target domain.
2. Success fee: If a domain is successfully acquired through our engagement, a success fee equal to 10% of the final purchase price (excluding GST) is payable in addition to the engagement fee.
3. Purchase price: The purchase price of the domain itself, together with any registrar transfer fees, escrow fees or third-party costs, is payable by you separately and in addition to our fees.
4. Quotation: All amounts are in Australian dollars unless otherwise agreed in writing. GST is applied where applicable in accordance with Australian tax law.

4. Payment

The engagement fee is payable in advance of outreach. The success fee and any pass-through costs are payable on completion of the acquisition, prior to release of the domain. We may suspend work on any matter where fees remain unpaid.

5. Authority and conduct of negotiations

You authorise us to act as your agent for the purpose of negotiating the acquisition of the target domain. You agree that:

• We may withhold your identity from the registrant unless and until you instruct us otherwise.
• We will not commit you to any binding offer without your prior written approval of the final price and material terms.
• You will not contact the registrant directly during the engagement, as direct contact materially affects our ability to negotiate on your behalf.

6. Funds, escrow and transfer

Payment arrangements vary by transaction. Depending on the deal we may use a licensed escrow provider, registrar-held funds, direct bank transfer or other secure payment methods. We do not represent that escrow is used on every transaction; the appropriate method will be agreed with you prior to settlement.

7. Confidentiality

We treat your enquiry, identity and intended use of the domain as confidential and will not disclose them to the registrant or any third party except as reasonably necessary to perform the engagement or as required by law.

8. Data we collect and store

When you submit an enquiry we capture and store:

• The contact details you provide.
• WHOIS data for the target domain as at the date of enquiry.
• A screenshot and basic page metadata for any website resolving at the target domain at that time.
• Any messages exchanged through our buyer dashboard.

This information is retained as a record of the matter and may be used to evidence the state of the domain at engagement.

9. No legal, tax or trademark advice

We are domain brokers, not lawyers. Nothing we provide constitutes legal, tax, trademark or investment advice. You are responsible for satisfying yourself that the acquisition and use of a target domain does not infringe any third-party rights.

10. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the engagement is limited to the fees actually paid by you to us in respect of the relevant matter. We are not liable for indirect, consequential, special or punitive losses, including loss of profit, business, goodwill or opportunity.

11. Termination

Either party may terminate the engagement in respect of any matter by notice in writing. Engagement fees already paid are non-refundable. Where a matter has been substantively progressed and an introduction has been made to the registrant, the success fee remains payable if the domain is subsequently acquired by you (or any related party) within twelve months.

12. Governing law

These terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and the federal courts of Australia.

13. Contact

Domo Digital Pty Ltd · ABN 73 168 330 238
Level 5, 488 Bourke Street, Melbourne VIC 3000, Australia