General Terms and Conditions of Sedo GmbH

Version: 01 March 2023

These General Terms and Conditions have been translated into English, French, Spanish and Chinese and are provided as a service to customers online. The contract language is German. The translation of these terms and conditions of use are therefore provided merely for information purposes. In the event of any ambiguities or divergences the German version is definitive.

1. Introduction

These are the Sedo GmbH General Terms and Conditions (also referred to as “Terms”, “Terms of Use”, “User Agreement” or “Terms and Conditions”) for using the websites belonging to and operated by the Sedo GmbH (also referred to as “Sedo”) company, which is headquartered in Cologne, Germany, and for using the services offered by the company.

For customers who reside within the United States or Canada, the party you are contracting with is Sedo.com, LLC, which is headquartered in Cambridge, Massachusetts, USA, and you are subject to the Sedo.com, LLC Terms and Conditions in order to use the websites and services of Sedo.

This user agreement contains the terms and conditions of use of the services offered by Sedo which are described and provided under the domain, sub-domains and linked domains of www.sedo.de, including, but not limited to, www.sedo.co.uk (referred to collectively as “the website”). These terms always apply in conjunction with the specific terms and conditions that apply for the service in question. The service-specific terms and conditions and associated acceptable use policies can in each case be viewed online at https://sedo.com/uk/about-us/policies/ , and are hereby incorporated by reference.

By confirming acceptance of these terms of use, the customer agrees to the applicability of these terms and conditions of use, the specific terms and conditions that apply for the service in question and any applicable policies or regulations activated by reference made to them in these terms of use.

If, at any point, the customer, or someone acting on customer’s behalf, set a domain's DNS preferences to Sedo's parking servers, customer also agrees to Sedo's Domain Parking Terms & Conditions.

These terms of use enter into force either when the website is first used or when the user (“customer”) avails him/herself of a service or acknowledges and accepts these terms of use when registering for the first time. Sedo is entitled to withdraw the website or any or all of the services offered through it at any time without stating reasons and with no obligation to give any notice beforehand.

2. Eligible Users

The use of Sedo’s website and services is restricted to natural persons aged 18 years and over, who are reside outside of the United States and Canada. Minors with limited legal capacity who wish to use Sedo services must have their parent or guardian contact Sedo at [email protected] beforehand. Sedo alone shall make the decision as to whether to allow the minor to use the services under the supervision of a parent or guardian, or whether to refuse this (without any requirement to state reasons). Legal entities warrant that they are headquartered and legally registered outside the United States and Canada. Persons registering in their capacity as a representative of a legal entity warrant that they may act legally and on behalf/as a representative of that legal entity. By registering for a user account and accepting these terms of use, the natural persons and legal entities shall be deemed as customers (hereinafter referred to as “customer” or “user”).

Customers are prohibited from using this website or any Sedo services if the customer is a person or entity with whom US citizens are not permitted to conduct transactions because of economic sanctions applying which are supervised and monitored by the Office of Foreign Assets Control (“OFAC”) within the U.S. Department of the Treasury (a so-called “OFAC Prohibited Person”). The same prohibition applies to business relationships with persons and organizations covered in the financial sanction list in the EC Regulation 881/2002. The customer warrants and guarantees that s/he is not a person/entity banned by OFAC or is in some other way not entitled to use this website or any Sedo services. Furthermore, this website or Sedo services may not be used/accessed by customers who reside in a jurisdiction or are citizens of, or have their usual place of residence, in a country which Sedo, at its own discretion deems may not use or access its website or services. This includes, but may not be limited to, persons/entities who/which are based in, or who are citizens of, or who have their usual place of residence in the following countries and regions: Cuba, Iran, the Crimean region of Ukraine, North Korea and Syria.

3. Customer Rights and Obligations

3.1 Customer User Account

Use of this website and the services must be lawful and at all times comply with these terms of use and any applicable policies, which may be viewed online on the Sedo website in the section labeled Policies (“Policies”). If a customer violates these terms of use and/or any stated Policies, Sedo may, at its own discretion and with or without any prior notice, terminate access to the website or the services.

Each customer is entitled to create one (1) customer user account. The right to use the website and the services applies specifically to that customer. Post office boxes or serviced office addresses may not be used as the address for a user account. It is also not permitted to give a value-added service number as the telephone number. Sedo also reserves the right to prohibit the use of free-to-use email addresses as the email address for a user account.

The customer warrants to Sedo, as a condition of use of the Sedo website and services, that the website will be used solely for purposes that comply with current law, and this Agreement and Policies. Uses that are prohibited include, but are not limited to: competitor analyses (including copying and/or providing screenshots which contain material protected by copyright or owned by Sedo); data mining or scraping using robots or in some other way; and/or any usage that has the potential to violate the law or the rights of third parties.

In addition, the customer warrants and guarantees that (a) the customer qualifies as an authorized user as defined in section 2 of these terms of use; (b) the customer has provided full and correct information in conjunction with the registration process and use of the website and services (collectively referred to as “customer information”); and (c) the customer information will always be kept up-to-date and will remain complete and correct.

3.2 Use of the Website and Services

The customer undertakes not to use the Sedo website and services for the purposes of:

a) defaming, abusing, harassing, threatening or otherwise violating the statutory rights of third parties (such as the right to privacy or access to public information);

b) staging or participating in illegal games, pyramid schemes or chain letters;

c) publishing, setting up, distributing, disseminating and/or linking to:

i) topics, names, material or information that is inappropriate, blasphemous, defamatory, insulting, obscene, banned for minors, contains naked images, or is indecent or unlawful.

ii) software or other material that is protected by intellectual property law or other rights, data protection or publication laws or other ownership rights. This obligation does not apply in cases where the customer owns the rights in question, holds the control over these rights or has received the necessary authorizations to use this software or other material.

iii) software or other material that contains viruses or corrupted files, or which can or are intended to corrupt operation of a third-party computer (e.g. cracks, hacks or other programs that were written to circumvent the security measures on/in a computer, system or program.

d) selling, marketing or distributing (or linking to websites that sell, market or distribute the same) arms, explosives, munition, alcohol, tobacco products, food that is not packed or does not comply with all current laws governing the sale thereof to consumers or traders/retailers, medications and controlled substances, forged, pirated or stolen goods, fraudulent products, goods or services that violate the rights of third parties or contravene their rights in another way, registered or unregistered securities, goods or services that the customer (a) may not sell legally, (b) which are misrepresented and/or (c) if sold would cause Sedo to contravene a law, regulation, ordinance or its contractual obligations;

e) collecting or capturing in some other way information on third parties, including email addresses, without having obtained their explicit permission;

f) preventing other users from using the services or the website, or restricting their utilization thereof; interfering with or stopping the services provided through the website or servers or networks linked to the website;

g) using a domain in conjunction with use of the website which other users or the general public might find confusing or misleading, or which is illegal;

h) emailing or sending by some other means, distributing, publishing or disseminating junk emails, spam, chain letters, pyramid schemes or any other form of double or inappropriate demands or messages (commercial or otherwise);

i) violating the rights of third parties, including but not limited to their trademark, copyright, name or publicity rights; or

j) infringing any current national laws or regulations.

Sedo does not tolerate or allow any spam. Sedo cooperates with judicial authorities and internet service providers in releasing information on users who contravene the conditions of this user agreement or published regulations, where this is legally allowed.

The customer is not entitled to change, copy, distribute, relay, issue, demonstrate, reproduce, publish or license information, software, products, services or benefits obtained from the website, or to create, transfer or sell extrapolated works therefrom, unless this is explicitly intended or allowed. The customer is solely responsible for his/her data.

3.3 Data Protection

The customer’s attention is explicitly drawn to the prevailing statutory regulations concerning data protection. Sedo wishes to point out that as part of contract performance, in particular as part of the registration process, personal data (e.g. first and family name, address) will be collected and stored. This data may be relayed to third parties for the purposes of contract performance. You can find out more about how Sedo processes data in our Privacy Policy.

Sedo wishes the customer to note that, taking into account the current state of technology, data protection cannot be universally guaranteed when data is transmitted through public networks such as the internet; and in particular that, because of the structure of the internet, protection of the data of other persons and institutions for which Sedo is not responsible, may be violated. Furthermore, that it is possible that a message which, due to its address, should be covered in geography and scope by the EU General Data Protection Regulation, nevertheless leaves that sphere.

As a precautionary measure, Sedo also wishes to point out that unencrypted data transmitted through the internet is not secure and may become known to, or changed by, third parties. Other internet users may be technically able to breach network security without authorization and to control communications. Customers are therefore advised always to relay personal or other data which should be kept confidential in encrypted form.

3.4 Confidentiality

Sedo and customer undertake never to disclose any of the confidential information they have access to within the context of their contractual relationship, and in particular, that information which is e.g. marked as confidential or would be judged by other criteria to be business or operating secrets; and - provided this is not required to fulfill the purpose of the contract - neither to record, pass on or in any other way use this confidential information. In particular, all handling and technical information, as well as all other information not in the public domain, must be treated as confidential. They must also reach appropriate contractual agreements with employees and/or other sub-contractors to ensure that they, too, may never pass on or use in any unauthorized way such confidential information. The duty of confidentiality also includes preventing unauthorized persons from obtaining access to the information. The duty of confidentiality continues after the contractual relationship has been terminated.

The customer is also obliged to keep his/her username and password secret and not to disclose it to third parties. Furthermore, the customer is responsible for all usage or misuse of the customer account, services or website which results in a third party gaining access to the customer account or using the login data in some other way. The customer undertakes to notify Sedo without delay of any known or suspected unauthorized website usage, security breach or any violation of this user agreement in relation to the website.

3.5 User Account Certification / Restricted Use of the Website and Services

In order to protect the security of the website and of the use of services for our customers, Sedo reserves the right to implement—at any time and at its own discretion—procedures for certifying the accuracy of customer data, which may include, but not limited to, confirmation of invoicing details, checking of the correctness of the information held in the customer account, requesting a copy of official identification, and requiring a down-payment on high-value transactions, as well as other procedures for certifying the customer account; and to demand that the customer complies with these procedures. Non-compliance with the certification measures to verify customer information shall entitle Sedo to restrict or terminate the customer’s access to the website, customer account and services.

3.6 Violations of Customer Obligations

In the event of a violation, or suspicion of violation, of these terms of use of the Sedo website or services, Sedo is authorized to suspend, block, or to terminate, at any time at Sedo’s sole discretion and without being required to state a reason, the customer account and/or customer’s access to and use of the website and/or the services, or parts thereof.

4. Fees

Unless otherwise stated, there are no costs involved in setting up the Sedo customer account. Sedo charges fees for the use of its online and offline services as per the Price List found on the Sedo website in force at the time. The customer bears all responsibility for taxes, hardware and software, internet services and all other expenses relating accessing and usage of the website and services.

Sedo reserves the right to deduct sums owed by the customer to Sedo from sums owed by Sedo to the customer. Sedo may add, cancel or change services, the fees charged by Sedo or its payment terms and conditions at its own discretion. Sedo’s standard charges and all changes to them will be published on the Sedo Price List. The prices for the services offered are binding from the date at which they are shown as coming into force on the Price List. Sedo shall not be required to give advance notice of an effective date from which changes to the services offered may occur, or the fees charged for the services will apply. Unless otherwise stated, all fees and currency amounts are in EUR.

5. Limitation of Liability

Sedo may bear unlimited liability for damages caused by intentional or gross negligence on the part of Sedo, one of its legal representatives or subcontractors, as well as for damages caused through loss of life or injury to body or health. This applies to both contractual and non-contractual (tortious) claims. The same applies in the event of liability for a guarantee or an assurance provided that such guarantee or assurance must have been made in writing. Furthermore, Sedo may be liable in cases of mandatory liability as provided for in product liability law.  In cases where gross negligence can be attributed to Sedo because of the actions of simple vicarious agents, liability shall be limited to that damage which would typically be expected to arise within the framework of the contractual relationship.

In the case of minor negligence in delivering a material contractual obligation or a secondary obligation, the violation of which jeopardizes the performance of contract or the performance of which is necessary for the due and proper performance of contract, and which the customer was entitled to expect, would be upheld (hereinafter referred to as a “material secondary obligation”), liability is limited to reasonably foreseeable, typical damages applying at the time the contract was formed. Sedo shall not be liable for damages arising out of minor negligence in delivering secondary obligations which do not count as material secondary obligations.

Liability for being behind schedule or for justifiable impossibility of performance is also limited to that damage which would typically be expected to arise within the framework of the contractual relationship. Where negligence is only slight, Sedo is liable only for direct damages sustained. This restriction also applies in cases of liability arising out of the violation of the customer’s other protected legal rights.

In cases of simple negligence Sedo is not liable for content or programs (software) disseminated over the internet, nor for damages of any sort (faults in the network infrastructure, faulty storage media etc.) arising out of this. This applies to standard software applications (e.g. MS Word, Linux operating system etc.) and equally to software deployed by Sedo. In any event the customer alone is responsible for the software s/he uses (e.g. on his/her server), including the licensing thereof.

In all other instances, the amount of liability for financial losses is limited to reasonably foreseeable, typical damages applying at the time the contract was formed.

Sedo does not accept any liability for the correct functioning of infrastructure and internet transmission paths, nor for the completeness, correctness or currency of information transmitted through them, nor for ensuring that it is free of any rights of third parties, where this does not form part of Sedo’s sphere of responsibility. Sedo is also not liable for loss of use caused by third parties and outside of Sedo’s sphere of responsibility. This rule also applies where Sedo’s employees and subcontractors are involved.

The customer acknowledges and agrees that the use of Sedo’s services and website is at his/her sole risk and that Sedo has no influence on internet speed or on the content and information offered on the internet. Sedo rejects all explicit and implied guarantees of any form, including and without restriction any form of implied guarantee of marketability, suitability for a specific purpose and non-violation of rights. Sedo does not warrant that the domains listed in the Sedo database have indeed been registered by the sellers or that the sellers are the legal owners of these domains or that they are entitled to transfer/license these domains. Sedo does not warrant that the buyer may use the domain or that the seller may transfer the domain without violating the rights of third parties. In addition, Sedo does not provide any guarantees that its services will meet the customer’s requirements or that they are uninterrupted, timely, secure or bug-free services; nor does it provide a guarantee of any results that can be achieved through using the services, or for the accuracy or reliability of the data obtained from the website. You acknowledge and agree that the use of materials and/or data downloaded from the website, or of services obtained from or provided by Sedo, is at the customer’s discretion and the customer’s own risk, and that the customer alone is responsible for damages arising out of the download or use of such information or other, associated transactions.

Claims for compensation arising out of secondary contractual obligations and asserted by legal entities against Sedo will expire by limitation in six months, unless these are claims relating to defects as specified in section 438 (1)(2) and 634a (1)(2) of the German Civil Code (BGB); in other cases relating to defects, the period of limitation is one year from the start of the statutory expiry by limitation period. This does not apply to damages caused willfully by Sedo, its legal representatives or subcontractors, or for claims of unlawful acts. This also does not apply to claims based on product liability law.

6. Release from Liability

Customer agrees to indemnify Sedo and its affiliated companies against all compensation and liability, claims, judgements or claims to desist from third parties and other claims, including any costs or expenditure arising in conjunction with the same, where these have been caused by the behavior of (or failure to act on the part of) the customer.

7. Intellectual Property

All content, database information, data and services offered on or provided and collected through the Sedo website are the property of Sedo, its affiliated companies, advertisers and licensors. They are protected by intellectual property rights, trademarks, patents, business secrets and other property rights and laws. Sedo, its affiliated companies, advertisers and licensors also retain full right to any and all rights not explicitly mentioned in these paragraphs. The materials, services or products from Sedo licensors or other third parties to which reference is made on this website are the ordinary or registered trademarks of these entities.

For the sole purpose of allowing Sedo to use customer information such that Sedo does violate any third-party rights or laws that the customer might have in relation to this information, the customer agrees to grant Sedo a non-exclusive, worldwide, open-ended, irrevocable, free-of-charge and licensable right to the customer’s information, which may be exercised in relation to all information in all currently known or as yet unknown forms of media. Sedo will use all information in compliance with data protection regulations.

If the customer believes that its works have been copied and can be accessed on the website in a manner that constitutes a violation of intellectual property law, the customer must inform Sedo of this in writing, providing the following information: name, email address, postal address, telephone number, URL, the path to the location, or other specific location where the allegedly infringing material is to be found, a description of the works that have allegedly been infringed, including, for the purposes of comparison - if available – the URL, path to the location, or other specific location where the copyrighted works can be found, as well as the relationship with the owner of the allegedly infringed works. According to European or US law, notifications of alleged violations of copyright law should be addressed to Sedo.

All contents of the Site are: Copyright 2022 Sedo GmbH and/or its suppliers. All rights reserved.

“Sedo” is a registered trademark of Sedo GmbH. The names of other companies and products mentioned on the Sedo website may be trademarks of their respective owners. Sedo reserves all rights not explicitly reserved here.

8. Term and Termination

This contractual relationship has been entered into for an indefinite period of time. Until and unless terminated by you or Sedo, your status as an eligible or registered customer will continue indefinitely, including any Domains listed for sale on the Domain Marketplace associated with your user account, and fees for services will be charged as described herein (see Section 4, Fees). Sedo can terminate this user agreement and thus the contractual relationship between the customer and Sedo at any time, without stating reasons and without giving notice. Once the contractual relationship has ended and the right to use the website has lapsed, the customer no longer has any access to his/her customer account or the data or information that s/he had previously entered, maintained, administered, or stored on Sedo’s website or systems. Sedo is not obliged to continue to update, store or make available such data or information.

9. General Terms

9.1 Applicable Law, Place of Fulfillment and Jurisdiction

If the customer is an agent, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, unless otherwise agreed, Cologne, Germany is the sole place of jurisdiction and performance for all claims and disputes arising out of the contractual relationship between Sedo and customer. In addition, Sedo is entitled to file claims against the customer at its general place of jurisdiction. The law of the Federal Republic of Germany shall govern all legal relations between the parties.

9.2 Right of Modification

Sedo will inform the customer of any intention to modify these terms of use. If the customer does not object to the changes in the required form and by the due date, the modified terms and conditions will come into force two (2) weeks after notification was received. An objection is deemed to have been made in the required form and by the due date if it is made in writing and is received by Sedo within two (2) weeks after the notification from Sedo was received. Sedo will inform the customer of his/her options to object and the form and deadline an objection must adhere to; and of the legal consequences of submitting an objection that has not been made in the required form and by the due date. The customer is therefore obliged to keep his/her data – and in particular his/her email address – up to date at all times. Sedo is in no way liable or responsible for the customer failing to receive an email notification because no current, valid email address was on file.

If the customer submits an objection that has been made in the required form and by the due date, Sedo is entitled to terminate the contractual relationship with the customer immediately and to disable the customer account.

9.3 Entire Agreement

These terms of use, the service-specific terms and conditions, and associated acceptable use Policies constitute the entire agreement among the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, both written and oral, among the parties with respect to the subject matter hereof. Unless otherwise agreed between Sedo and the customer, any side agreements, modifications or additions to this user agreement are only valid if agreed by Sedo in writing.

9.4 Invalidity

If any part of these terms of use are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the user agreement shall continue in effect.

9.5 Original Document

A printed version of this user agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this user agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed or electronic form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes.

9.6 Assignment

Customer may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights or duties hereunder to any third party. At any time, Sedo may, in its sole discretion and without providing notice or obtaining your consent, assign this entire user agreement, or delegate or subcontract some or all of its responsibilities hereunder.

10. Contact Options

10.1     General Inquiries

General inquiries can be addressed to:

Sedo GmbH
Im Mediapark 6b
50760 Cologne
Email: [email protected]

10.2 Customer Support

Our customer support desk can be contacted in the following ways:

Email: [email protected]
Telephone: +49 221 340 300
Fax: +49 221 340 30 102

10.3 Infringement Claims (Designated Agent)

To request removal of a Domain either listed for sale or parked with Sedo, please review our Rights Protection Program (RPP) for information on filing a legal complaint.

Mail: Sedo GmbH
Attn: Legal Department
Im Mediapark 6
50670 Cologne
Germany

Facsimile: (+49) 221-34030-102
Email: [email protected]