Last updated: June 24, 2020
Auctions Bid/Buy/Offer Agreement
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Private Auction Bid, Offer and Buy Agreement (this “Agreement”) is entered into by and between The Helping Company, LLC, a Delaware limited liability company and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of the Private Auction Bid, Offer and Buy services (the “Services”).
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement.
The terms “we”, “us” or “our” shall refer to The Helping Company. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
The Helping Company, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to The Helping Company website (this “Site”). You acknowledge and agree that (i) The Helping Company may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, The Helping Company may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. The Helping Company assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
2. Registrations and fees generally
You understand that each and every bid is a binding contract and that (a) a domain name registration renewal fee (which registration period shall run from the end of the domain name’s previous registration period) plus (b) a mandatory Internet Corporation for Assigned Names and Numbers (“ICANN”) fee will be added to any successful bid, as applicable. A list of the current domain name registration fees may be found here (by selecting the "Domain Pricing" hyperlink) and a list of the current ICANN fees may be found here. You are responsible for payment within forty-eight (48) hours of auction close. The successful bid amount plus the one (1) year renewal fee (from the end of the domain name’s previous registration period), plus ICANN fee, if applicable, will be charged to any valid payment method we have on file upon closing of the listing. The domain name will transfer to you within one week after auction close. Buyer does not obtain any rights in the registration of a domain name until completion of the transaction.
As a Buyer, you are obligated to complete the transaction if you purchase the domain name through a fixed price, Buy Now format, or if you are the highest bidder at the end of an auction and your bid meets or exceeds the minimum bid requirement. Should you fail to complete the transaction for any reason (including, but not limited to, failing to pay the purchase price, or if you are the highest bidder at the end of an auction and your bid meets or exceeds the minimum bid or reserve price, The Helping Company reserves the right to charge you a penalty fee of $500,000.
You acknowledge and agree that if your bid is the winning or accepted bid, your transaction may be handled by third-party escrow service, or legal firm. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by these terms, which are incorporated herein by reference. In addition, you acknowledge and agree that The Helping Company may disclose personally identifiable information to our legal counsel and tax authority for the sole purpose of facilitating the transaction.
You acknowledge and agree that we may, in our sole discretion, extend the length of the auction if bids are submitted in the final moments of the auction, to allow potential buyers the opportunity to bid prior to the end of the auction.
4. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
5. DEFINITIONS; CONFLICTS
In the event there is a conflict between the provisions of this Agreement and the provisions of the Terms, the provisions of this Agreement shall control.