§ 1 Scope of the TAC
  1. These TAC are effected for any usage of the website anymondo.com
  2. These TAC are effective only for legal entities, corporate bodies governed by private law and corporate bodies organized under public law. All services of anymondo.com address these entities only.
  3. Besides these TAC the separate pricing conditions of anymondo.com apply.
  4. By using the services of anymondo.com, the user agrees to these TAC and confirms to have read them.
  5. Only these TAC are valid. Differing or conflicting conditions aren't being accepted, unless anymondo.com accepts them in written form. Even if anymondo.com provides services in knowledge of differing or conflicting conditions, only these TAC are binding.

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§ 2 Definitions
  1. By means of these TAC are
    1. anymondo.com: the anymondo.com GmbH, Frankfurter Str. 74, 64521 Groß-Gerau, Germany;
    2. User: anyone using the website anymondo.com;
    3. Buyer: anyone buying domains on the website anymondo.com;
    4. Offerer: anyone offering domains on the website anymondo.com for sale;
    5. Seller: exclusively anymondo.com;
    6. Domain packages: compilations of more than one domain, which can be purchased together;

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§ 3 Buying domains
  1. All domains on the website anymondo.com are being offered at name and own expense of anymondo.com GmbH.
  2. Only the rights of the usage of domain names are offered. Particularily no website or contents are offered. The seller didn't and won't do legal research of name or trademark rights.
  3. The domains are offered at a fixed price. Additonal the valid turnover tax can become due. The sales tax / VAT becomes due, if the buyer has his place of business in Germany or in the European Union and doesn't provide a valid VAT identification number.
  4. Prior sale is granted until payment is completed.
  5. By filling out the order form and clicking the "Buy now" button, a binding contract is concluded.
  6. A prospective buyer is allowed to make a price proposal for a domain, when a button "Make an offer" is provided. He's not granted any right to purchase the domain or negotiate the purchase by doing so.
  7. Unless the offerer of the domain is anymondo.com, no direct contact between offerer and (prospective) buyer is provided.
  8. After conclusion of the sales contract, the buyer will receive an invoice from anymondo.com. After completed payment, he'll receive the Auth-Code for transfering the domain.
  9. To ensure that the offerer receives the purchase price promptly and that the Auth-Code doesn't become invalid, the transfer of the domain has to be completed by the buyer within 10 weekdays after receiving the Auth-Code. In case he doesn't complete the transfer on time, anymondo.com will transfer the domain in its own administration on behalf of the buyer. anymondo.com will charge administration fees for at least one year according to the valid price list when doing so. The buyer is granted the right to request a new Auth-Code from anymondo.com at any time, to transfer the domain into administration of his provider.
  10. anymondo.com ist granted the right to cancel a purchase, if the offerer doesn't provide the Auth-Code. In this case, payments of the buyer are being refunded free of interest. All other claims against anymondo.com are excluded. Claims of the buyer against the offerer remain unaffected.
  11. The seller doesn't assume liability for third party costs and / or modalities concerning the registration of sold domains, e.g. fees of the buyers’ provider for transfering the domain.

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§ 4 Offering domains
  1. All domains on the website anymondo.com are being offered at name and own expense of anymondo.com GmbH.
  2. Domain owners can offer their domains on the website anymondo.com for sale. Hereby they can determine
    1. the minimum price, below which the domain isn't to be offered,
    2. if a fixed price is desired,
    3. if they want to accept price proposals and
    4. if they want additional services, e.g. promotion as a "Top domain".
  3. The plain offering of domains on the website anymondo.com is free. Additional charges may apply, e.g. for promoting domains or ordering individual expertises. Terms are based on the valid price lists. The offerer is liable for any costs of the offered domain. This especially refers to the costs of registration and administration charged by his provider.
  4. Incoming price proposals are being forwarded immediately to the offerer, who decides wether to accept or not.
  5. Offerer and anymondo.com agree on a commission business.
  6. When a domain is being sold, anymondo.com buys it from the offerer at that price which is valid at that moment. anymondo.com is granted the right to cancel the purchase, if the sale to the buyer fails for any reason. Any claims of the offerer against anymondo.com are excluded.
  7. anymondo.com concludes the sales contract with the buyer at own name and expense. The buyer pays all charges exclusively to his contracting party anymondo.com.
  8. anymondo.com informs the offerer about the sales price and prompts him to provide the Auth-Code for transfering the domain.
  9. anymondo.com is entitled to a sales commission based on the valid price lists. This also applies, if
    1. the purchase is made outside anymondo.com, if the domain was listed for sale at anymondo.com within the last 30 days before sale and anymondo.com directly or indirectly provided contact between the parties or
    2. the purchase fails for reasons the offerer is to be held responsible for.
  10. After the buyer has completed the payment, anymondo.com hands out the Auth-Code to him. After the transfer has been completed, anymondo.com pays out the sales amount less the commission to the offerer. If the offerer has his place of business in Germany and proved his liability to VAT, it will also be paid out.
  11. The offerer is granted the right to delist the domain from sale at any time, before it's sold.

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§ 5 Parking
  1. The offerer is granted the right to park his domain at anymondo.com for free and cancel this at any time.
  2. Acceptance into parking is granted by the offerer as he
    1. lists the domain for sale at anymondo.com and
    2. changes the DNS records of the domain to the IP address provided by anymondo.com.
  3. When a domain is parked, the content that might have been accessible on it before, won't be accessible anymore. anymondo.com isn't to be held responsible for any damages that might result.
  4. anymondo.com is granted the right to include on parked domains
    1. content, which promotes the sale,
    2. third party commercials and
    3. references to anymondo.com.
  5. Profits resulting from third party promotions on parked domains are entitled to anymondo.com. In return anymondo.com grants offerers a discount on the sales commission according to the valid price lists.
  6. anymondo.com is resonsible for the content on parked domains. This doesn't cover
    1. violation of third party trademark or name rights by the domain name and
    2. third party commercials.

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§ 6 Additional services
  1. anymondo.com offers additional services, e.g.:
    1. promotion of domains and domain packages,
    2. domain brokerage
    3. domain expertises,
    4. extern escrow service.
  2. Prices and terms for these services are to be found in the respective valid price list. anymondo.com will provide any of these services, except additional brokerage and success commission, only after payment is completed.
  3. The following additonal rules apply for the promotion of domains and domain packages:
    1. It's at the sole discretion of anymondo.com to accept promotion orders;
    2. Up to 30 domains are listed at the same time as "Top domains" on the 'Flight board' at the anymondo.com homepage;
    3. Per target market and category, up to 9 domains are listed at the same time as "Top domains" on the "Flight boards" at the anymondo.com category pages;
    4. Domains are being sorted on the "Flight boards" according to the begin of their promotion;
    5. Per target market up to 7 domain packages are being promoted on the 'slider' at the anymondo.com homepage;
    6. Positioning of the package within the slider is random and can change several times a day;
    7. anymondo.com is responsible for choosing the pictures to promote the domain packages;
    8. When promoting domains and domain packages at anymondo.com's Facebook and Twitter profiles anymondo.com doesn't guarantee their availability;
    9. anymondo.com guarantees an average availability of its homepage of 99,7%. In case of a shortfall, the promoting offerer may call for a discount pro rata temporis.
  4. The following additonal rules apply for the brokerage of domains by the anymondo.com broker team:
    1. It's at the sole discretion of anymondo.com to accept brokerage orders;
    2. The prospective buyer defines a budget for the purchase of the domain. This budget is binding for anymondo.com as the maximum purchasing price.
    3. anymondo.com assumes to determine the actual owner of the domain, to contact him, if applicable by email, otherwise by phone or letter. anymondo.com will thereby submit him an offer to buy, featuring the lowest as realistic considered price, without revealing the identity of the prospective buyer.
    4. The negotiations are considered failed, if the actual owner of the domain refuses to sell after several bargaining rounds, offered the maximum purchasing price or if he doesn't answer within 14 days after the last offer. The basic fee must be paid in any case.
    5. The buyer is charged a brokerage commission, additionally to the basic fee, in case of successful brokerage. anymondo.com will try to achieve the lowest possible purchase price. If the domain is purchased at a price smaller than the budget, the buyer is charged a success commission, additionally to the basic fee and the brokerage commission. Brokerage is considered successfully, if the actual owner of the domain agrees to sell.
    6. Payment and transfer of the domain must be completed using anymondo.com. Escrow service is included for free.
    7. As long as the negotiations aren't considered as failed according to these TAC, brokerage and success commission are due, even if the parties come to an agreement aside of anymondo.com.
  5. The following additional rules apply for domain expertises:
    1. The client is commited to cooperate and offer information, especially for the advanced expertise;
    2. anymondo.com isn't liable for third party informations, especially the number of visitors, the pagerank, number of backlinks and the estimation of the promotional value of the domain.
  6. The following additional rules apply for the extern escrow service:
    1. anymondo.com is neither buyer nor offerer or seller of the domain;
    2. anymondo.com supervises the payment and the domain transfer;
    3. Offerer and buyer determine who'll be charged for the escrow service. They can determine that either party is charged a part of the fee.
    4. The buyer pays the purchase price, if applicable, including the fee for the escrow service, to anymondo.com.
    5. After payment is completed, anymondo.com requests the Auth-Code from the offerer and passes it to the buyer.
    6. After transfer is completed, anymondo.com pays the purchase price, if applicable, less the fee for the escrow service, to the offerer.
    7. To ensure that the offerer receives the purchase price promptly and that the Auth-Code doesn't become invalid, the transfer of the domain has to be completed by the buyer within 10 weekdays after receiving the Auth-Code. In case he doesn't complete the transfer on time, anymondo.com will transfer the domain in its own administration on behalf of the buyer. anymondo.com will charge administration fees for at least one year according to the valid price list when doing so. The buyer is granted the right to request a new Auth-Code from anymondo.com at any time, to transfer the domain into administration of his provider.

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§ 7 Excluded domains
  1. It's only allowed, to offer domains, for which the offerer is granted sole rights. In case of pending lawsuits, concerning the offerer's rights of the domain, he's not allowed to list it for sale at anymondo.com respectively he has to remove it. The offerer indemnifies anymondo.com from any third party claims, based upon a violation of this obligation.
  2. It's only allowed, to offer domains, which by themselves or by their use don't violate third party rights. The offerer is obligated to verify this. He's obligated the same for the content, which can be accessed by the domain. The offerer indemnifies anymondo.com from any third party claims, based upon a violation of this obligation.
  3. It's prohibited to offer domains at anymondo.com which directly or indirectly promote or glorify
    1. illegal pornopgraphy,
    2. intolerance,
    3. insults,
    4. violence or
    5. hate.
  4. anymondo.com will refuse the listing of a domain, which violates these rules, respectively delist it. The offerer isn't granted any rights therefrom.

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§ 8 Services, pricing and payment arrangements
  1. Establishing and using a user's account is free.
  2. Offering, promoting and selling of domains, as well as additonal services, are charged according to the prospective price list, which can be retrieved at anymondo.com.
  3. Payment is possible by bank transfer, PayPal or credit card. Additional charges may occur, according to the price list.
  4. Requested services, which can't be carried out due to circumstances for which the user is to be held responsive, will be charged anyway.
  5. anymondo.com is granted the right to charge up user's debt claims against its own.
  6. The user is only allowed to charge up debt claims against anymondo.com with his own, if it's undisputed or legally binding.
  7. The user mortgages his rights on the domain to anymondo.com until all his obligations are completely fulfilled. By § 1259 BGB, the lienor is granted, by itself or third parties, the right to liquidate the domain by private sale at the current market price. The first current market price is the primary purchase price, which is lowered by 10% any 14 calendar days until final sale. After this, the realized purchase price, less anymondo.com's debt claims, expenses of the liquidation and, if applicable, repayable sales commission.

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§ 9 User account and maintenance of the listed domains
  1. Establishing and using a user's account is free.
  2. Using a user's account entitles the user to offer domains for sale and maintain them concerning to the sales process. It may only be used for purposes of buying and selling domains.
  3. The user is obliged to keep his account up to date. He's especially obligated to ensure, that his personal data is correct and that he's granted the sole rights for offered domains.
  4. The user is obligated to keep his account's password secret and secure. When learning about an abusive usage by third parties, he's obliged to inform anymondo.com immediately, to change his password and to check his personal data as well as the domains' specific data. anymondo.com is granted the right, to deactivate an account without giving reasons, when learning about abusive usage of it.
  5. The user is liable for any abusive usage of his account, if he's to be held responsive.
  6. anymondo.com is defined as an agent for all communication between (prospective) buyers and offerers. All communication is defined as send to or received by anymondo.com.

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§ 10 Duration and termination of the contract
  1. The contract is closed indefinitely.
  2. Seller and offerer are allowed to terminate the agreement at any time without giving reasons.
  3. The offerer is granted the right to delist the domain from sale at any time, before it's sold.
  4. anymondo.com is indefinitely granted the right to use the name of sold domains, their price and the logo respectively a screenshot of the homepage of the domain buyer for marketing purposes. The buyer is allowed to veto at any time. Any other rights are excluded.
  5. anymondo.com is granted the right to impose, process and publish data of completed transactions for statistic reasons and domain expertises and also allow third parties to access this data.

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§ 11 Exchange rates
  1. Setting the price is effected in US-Dollars, British Pounds, Euros, Chinese Renminbi Yuans, Hong-Kong-Dollars, Singapore-Dollars, New-Taiwan-Dollars or Swiss Francs, depending on the offerers place of business.
  2. Sales prices depend on the currency picked by the buyer.
  3. Exchange rates are updated at least once a week, based on the Interbank-Exchange-Rates.
  4. Exchange rate risk is covered by anymondo.com.

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§ 12 Dynamic pricing and alternative offers
  1. anymondo.com evaluates the number of visitors of a domain which is parked at anymondo.com or on which the visitor counter is active.
  2. The purchase price is set dynamically, based on a calculation, due to the domain's number of visitors and a multiplier, if the offerer doesn't define a fixed price. The dynamic price is updated daily.
  3. The dynamic price is only displayed, when exceeding the desired minimum price.
  4. It's prohibited for the offerer to manipulate the dynamic pricing by generating fake traffic on the domain by himself or third parties. Violations can result in delisting of the domain from anymondo.com.
  5. Prospective buyers may place alternative offers for domains, if the offerer allows them to do so. Incoming offers are forwarded to the offerer. The offerer is granted the right, to accept them. After doing so, the seller will sell the domain at the agreed price to the buyer. The offerer is also allowed to place an alternative offer. Prospective buyer and offerer are bound to their prospective offers for 7 calendar days.

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§ 13 Liabilities
  1. anymondo.com is only liable for damages based on primary contract obligations, lack of guaranteed characteristics or grossly negligent respectively caused with intent, by anymondo.com itself, its legal representatives or its servants.
  2. Liability for damage of life, body or health aren't affected by this.
  3. The offerer indemnifies anymondo.com from any third party claims, based upon the offerer's acts or omissions.

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§ 14 Final clause
  1. Place of jurisdiction and of execution for all consequences of this contract is Groß-Gerau, Germany. Besides this, the seller is granted the right to sue the other party at its common place of jurisdiction.
  2. Only laws of the Federal Republic of Germany are applicable. United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded, even if may have become domestic law.
  3. In case, parts of the contract or these TAC may be or become partially or in total invalid, the validity of the contract and the TAC left aren't affected.
  4. The language of the contract is German.
  5. There are no unwritten agreements. Changes and appendices of the contract only apply, when agreed on in writing. This includes also the change of this clause.

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