Terms and Conditions
Usage of DNFront.com website and it’s services implies your full agreement with these Terms and Conditions, without reserve. By agreeing to buy a Domain Name advertised at DNFront.com, the persons and/or entities nominated in “Your Name” field of the online order form (“Purchaser”) shall be deemed to have entered into a valid and binding contract with Ruben Jorge Maduro Couto, owner of DNFront.com (“Vendor”) on the following terms and conditions:
1. THE PURCHASING OF DOMAIN NAME(S)
1.1. All visitors to DNFront.com may submit offers to buy the showcased Domain Names. This submission does not bind them to acquire the domain names.
1.2. All offers under the asking price will be negotiated until agreement is reached or one of the parties leaves the negotiation.
1.3. The submission of an offer that meets or surpasses the asking price does not bind DNFront to sell the domain name to the bidder.
1.4. All prices are negotiable.
1.5. The binding contract is reached when both parties are satisfied with the deal and there is mutual written agreement (email) on the price of purchase.
1.6. The Purchaser hereby agrees to purchase from the Vendor, the internet domain name(s) nominated on the online order form, in consideration for the payment of the amount agreed by the Purchaser and Vendor, after negotiation.
2. THE PURCHASING OF BRAND(S)
2.1. When buying a Brand from DNFront you will become the new owner of the domain name, and it will remain yours as long as you renew your yearly registration with your domain name registrar. There are no recurring costs from DNFront.
2.2. You will also receive the example logo that is shown along side the domain name.
3. PAYMENT OF THE PURCHASE PRICE
3.1. The Purchaser shall pay the Purchase Price to Ruben Jorge Maduro Couto (DNFront.com), by one of the following methods:
(a) Payment by PayPal
Payment of the Purchase Price can be made from the Pruchaser’s PayPal online payment service account.
(i) Payment of the Purchase Price can be made for amounts up to US$5,000.00.
(b) Payment by Escrow
Payment of the Purchase Price can be made using the service Escrow.com.
(i) The buyer will be responsible for the payment of all Escrow commissions and fees, in addition to the Purchase Price.
(c) Payment by Wire Transfer
Payment of the Purchase Price can be made by wire transfer as follows:
(i) Funds to be deposited into the Bank account nominated by Ruben Jorge Maduro Couto;
(ii) The Purchaser shall, in addition to the Purchase Price, be required to deposit an additional amount for any bank fees and charges payable by Ruben Jorge Maduro Couto to process the wire transfer.
(iii) Minimum amount payable by wire transfer shall be US$1,000.00, net of any bank fees of charges payable as per above;
(iv) There shall be no limit on the amount that may be paid by wire transfer;
(v) In the event that cleared funds in payment of the Purchase Price are not deposited into Ruben Jorge Maduro Couto’s nominated bank account within seven (7) working days of the Purchaser, the Vendor reserves the right to terminate the sale without further notice to the Purchaser and sell, transfer or otherwise dispose of the Purchased Domains to another party.
4. REFUNDS
4.1. The Purchaser is the sole owner of the Purchased Domains upon full receipt of the Purchase Price as cleared funds. The Purchase Price is non-refundable.
5. TRANSFER OF THE PURCHASED DOMAINS
5.1. Upon receipt of the Purchase Price, the Vendor agrees to immediately transfer legal and beneficial ownership of the Purchased Domain Names to the Purchaser.
5.2. The Vendor will unlock the Domain Name for transfer and send the appropriate code (Auth Code or EPP) to the Purchaser, so that he may initiate the transfer process of the Domain Name to his own registrar.
5.3. After transferring the Domain Name to his account the Purchaser will change the nameservers for the Purchased Domains.
6. WARRANTY AND DISCLAIMER
6.1. The Purchaser agrees that the use of this website and the facilities provided herein (“Website”), shall be at his sole risk and that the Website is provided on an “as is” and an “as available” basis.
6.2. To the full extent permitted by law, DNFront.com and Vendor expressly disclaim all warranties of any kind related to the Website and the Purchased Domain Names, whether express or implied, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose and non-infringement.
6.3. Neither DNFront.com nor the Vendor makes any warranty that the Website or the Purchased Domain Names will meet the Purchaser’s requirements or that they will be uninterrupted, timely, secure, or error free.
6.4. Neither DNFront.com nor the Vendor makes any warranty as to the results that may be obtained from the use of the Website or the Purchased Domain Names or as to the accuracy or reliability of any information obtained from the Website.
6.5. The Purchaser hereby agrees that any material and/or data downloaded from the Website or other services provided by DNFront.com is done at his sole discretion and risk and that he will be solely responsible for any damage resulting from any such download or use of such information or other related transaction.
7. LIMITATION OF LIABILITY
7.1. The Purchaser agrees to release, indemnify and forever hold harmless, DNFront.com and its agents, officers, directors and employees, from any and all claims, demands and damages (actual or consequential) of every kind and nature, disclosed or undisclosed, arising out of or in connection with the Purchased Domains and/or the use of the Website.
7.2. In no event shall DNFront.com be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from the Purchaser’s use or the inability to use the services provided by DNFront.com on the Website or for the cost of procurement of substitute services, or resulting from any data, information or services obtained or transactions entered into through or arising from or in connection with the services provided by DNFront.com or resulting from unauthorized access to or alteration of transmissions or data, including but not limited to, damage for loss of profits, use, data or other intangibles, even if DNFront.com has been advised of the possibility of such damages.
8. PUBLICATION RIGHTS
8.1. The Purchaser acknowledges and agrees that DNFront.com has the right to publicize the sale of the Purchased Domains, including the Purchase Price, unless otherwise agreed upon by both Prchaser and DNFront.com.
9. APPRAISALS
9.1. DNFront’s Appraisals are based on several factors as noted on our site. You agree that you must evaluate, and bear all risks associated with, the use of any Appraisal, including any reliance on the accuracy, completeness, or usefulness of such Appraisal.
9.2. You agree to defend, indemnify and hold DNFront, its employees and associates, and Ruben Couto, harmless from any claim or demand, including reasonable attorneys’ and experts fees, made by any third party due to or arising out of the use of your Appraisal or Appraisals, your use of the services, your connection to the service, or your violation of any rights of another.
9.3. Appraised values can differ significantly from actual sale prices, and sale prices may be inconsistent. Appraisers sometimes differ widely in their opinions of value. Appraisers, like buyers and sellers, do not know everything about the domain, the market, or the many other considerations that might influence the value. Many factors can affect value. An Appraisal is only an opinion. And, as stated under “About us”, Ruben Couto is not a professional domainer, but a part-time amateur domainer. You must consider his appraisals in the light of this.
9.4. All Appraisals are based on the assumptions that you are the absolute owner of the submitted domain name(s) and that there are no copyright, trademark or other intellectual property infringements. If DNFront detects that the name(s) submitted may infringe any known trademarks, the appraisal request will not be fulfilled.
9.5. Payment must be made, using Paypal, between the time you submit the request and prior to receiving the DNFront’s Appraisal report. In the case of requests of appraisals of more than 10 domain names, DNFront may request that 50% of the total cost be made right after the request is submitted. The remaining 50% must be payed prior to receiving the DNFront’s Appraisal report.
9.6. There will be no refunds in any situation whatsoever.
9.7. You expressly understand and agree that DNFront shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DNFront has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
10. ADVERTISING
10.1. Your add will be a banner of the size 88×31 pixels (in the format you choose – gif, jpg, etc), that will be visible at DNFront, below it’s main menu for the time you choose which may be 1 month or 1 year.
10.2. You will be required to send us the link you wish your add to link to and a link to your add’s banner. DNFront will not host any images or banners at it’s hosting account.
10.3. Your banner will only be visible at DNFront after you make the payment for your desired period (1 month or 1 year). The payment must be made to our Paypal account.
10.4. If you choose the period of 1 year, you will be able to change the link your add points to, at the end of every month. To do this you will only need to send us an email (using our contact form) with the new link. The banner may be changed by you, at any time (both in the 1 month and 1 year periods), providing the new image abides by the criteria stated in point 10.6.
10.5. There are no guaranties that DNFront’s website will remain online during the full extent of the period you chose to advertise.
10.6. DNFront reserves the right to refuse any type of link and/or banner that does not comply with common sense moral, ethics and honesty standards. DNFront will be the sole judge to these standards. This refusal may occur during any time of the advertising period, should the banner be changed.
10.7. There will be no refunds in any situation whatsoever.
10.8. You expressly understand and agree that DNFront shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DNFront has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
11. GOVERNING LAW AND JURISDICTION
11.1. The terms of this Agreement shall be governed and construed in accordance with the laws from time to time of Portugal. The parties submit to the non-exclusive jurisdiction of the Courts of Portugal and all appellate courts.
12. SEVERABILITY
12.1. Part or all of any provision of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining provisions of this Agreement continue in force.
13. FORCE MAJEURE
13.1. No party will be in default or otherwise liable for any delay or failure in its performance under this Agreement where such delay or failure arises by reason of an Act of God, any government or governmental body, acts of war, the elements, strikes or labor disputes, power or system failures, failure of the Internet, computer hacking, or other causes beyond the reasonable control of such party.