PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1.Overview

This Domain Brokerage & Escrow Service Agreement (this “Agreement”) is entered into by and between Ename Technology Co.,Ltd, a limited liability company (“Ename”) 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 Ename’s Domain Brokerage & Escrow Services (the “Domain Brokerage & Escrow Services” or 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 Ename. 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.

Ename, 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 Ename website (this “Site”) and/or sending such notification to you by email. You acknowledge and agree that (i) Ename 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, Ename 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. Ename 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or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.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.Description of Services

Brokerage

Ename offers a Domain Brokerage Service for prospective buyers or sellers of domain name properties (“Domain Brokerage Service” and/or “Brokerage Service” and/or “Service”) whereby, upon application and acceptance to the Service, a member of the Ename domain brokerage team will serve as the exclusive representative on behalf of the buyer or seller for the purpose of negotiating either the purchase or sale of a domain name in accordance with these terms and conditions. In ordering Ename’s Brokerage Service, you consent to one of Ename’s domain brokers exclusively representing you as the buyer or the seller of a domain name.

Escrow

The Escrow Services are provided by Ename Technology Co.,Ltd. We safely hold the Buyer's payment in a trust account until the entire transaction is complete. That way, Buyers can be confident the domain will be registered in their name and Sellers can be sure they'll be paid.

“Buyer” refers to buyers who use Ename brokerage or escrow services to buy certain domain(s).

“Seller” refers to sellers who use Ename brokerage or escrow services to sell certain domain(s).

In Ename brokerage and escrow services of this Agreement, Buyer and Seller mostly refer to “you”.

Buy It Now

"Buy Now" is a type of listing of domains offered on Ename’s website that indicates a domain is listed with a set price and that price is binding. A domain listed as Buy Now is marked by a "Buy Now" button on the offer page. The first buyer who agrees to purchase the domain for the listed “Sales Price” and complete the payment when the domain sale is still available will get the domain.

3.General Conditions of Use

3.1 The party entering into this Agreement on behalf of any User represents and warrants that he/she is authorized to do so and to bind the User and is a natural person of at least eighteen (18) years of age or it is an substantive organization with legal business qualification.

3.2 You agree to always ensure the validity, legality and accuracy of all information you submit to Ename. You acknowledge and accept that you will never submit any brokerage and/or escrow request using the names of others in bad faith or maliciously mislead other users. Ename reserves the right in its sole discretion to stop providing services with you against any of your breach of this agreement.

4.Buyer’s Rights and Duties

4.1 You acknowledge and accept that all information you submit to Ename will always be valid, legal and accurate. Ename assumes no liability or responsibility for any legal liability or economic losses caused by inaccurate information you provide.

4.2 You acknowledge and accept that you voluntarily assume all possible risks when you use Ename’s brokerage and/or escrow services to purchase any overseas domain(s) while Ename assumes no liability or responsibility.

4.3 You acknowledge and accept that you will always indemnify Ename against any possible third party allegation, claim for compensation and/or any damage or loss caused by the transaction.

4.4 You acknowledge and accept that Ename’s brokerage and escrow services depend on factors including but not limited to time factor, the buyer and the seller etc. Ename as the platform which offers the brokerage and escrow services does not make any commitment in any forms of the transaction.

4.5 You acknowledge and accept that Ename assumes no liability or responsibility for any possible damage or loss caused by your ownership, transfer or usage of domain(s) before/after you apply for Ename’s brokerage and/or escrow services. In the meanwhile you will always indemnify Ename against any possible allegation, claim for compensation and/or any damage or loss caused by your ownership or usage of domain(s)

4.6 You acknowledge and accept that Ename, in its sole and absolute discretion, may take actions against the transaction and domain(s) including but not limited to suspending or terminating the transaction according to the actual situation if any of the domain(s) is reported disputed during the brokerage and/or escrow services period. Ename has the right and duty to investigate the situation and assumes no liability or responsibility for any possible failure and/or delay in the transaction caused by such investigation procedures.

5.Seller’s Rights and Duties

5.1 You acknowledge and accept that all information you submit to Ename will always be valid, legal and accurate. Ename assumes no liability or responsibility for any legal liability or economic losses caused by inaccurate information you provide.

5.2 You acknowledge and accept that you will always ensure the information of domain(s) you submit is accurate and valid and you have 100% legal rights and ownership of domain(s). You ensure such domain(s) does not involve in any forms of dispute. You assume full responsibilities and all costs caused by any third party disputes.

5.3 You ensure you will not infringe any legal rights including but not limited to rights of personal name, trademark and/or domain(s) of Ename Technology Co.,Ltd or any third party. You assume all corresponding legal liabilities caused by any of such infringements.

5.4 You acknowledge and accept that you will always provide Ename Technology Co., Ltd with all information required. And you will always indemnify Ename against any possible third party allegation, claim for compensation and/or any damage or loss caused by the transaction.

5.5 You acknowledge and accept that Ename’s brokerage and escrow services depend on factors including but not limited to time factor, the buyer and the seller etc. Ename as the platform which offers the brokerage and escrow services does not make any commitment in any forms of the transaction.

5.6 You acknowledge and accept that Ename, in its sole and absolute discretion, may take actions against the transaction and domain(s) including but not limited to suspending or terminating the transaction according to the actual situation if any of the domain(s) is reported disputed during the brokerage and/or escrow services period. Ename has the right and duty to investigate the situation and assumes no liability or responsibility for any possible failure and/or delay in the transaction caused by such investigation procedures.

6. Ename’s Rights and Duties

6.1 Ename’s brokerage and escrow services include but not limited to purchase, sale and/or appraisal of domain(s).

6.2 Ename’s broker will exercise the utmost good faith to you, actively offering good brokerage and escrow services.

6.3 Upon application and acceptance to the Services, a member of the Ename domain brokerage team will serve as the exclusive representative on behalf of the buyer or seller for the purpose of negotiating either the purchase or sale of a domain name in accordance with these terms and conditions. 

6.4 Ename has the rights and duties to appraise domain(s) based on multiple factors such as the industry of organization, brand of product, client’s budget etc. While Ename does not make any commitment or guarantee of such appraisal.

6.5 Ename’s brokerage services include:

6.5.1 One of Ename’s domain brokers will negotiate on your behalf in an attempt to acquire the requested domain from the current owner or sell your domain(s) to the potential buyer.

6.5.2 Ename will appraise domain(s) and negotiate with both parties in order to facilitate transaction.

6.5.3 Ename will participate in the whole process of transaction and keep you updated on the progress of the deal in a prompt manner.

6.6 Ename’s escrow services include:

6.6.1 Ename as the third party escrow service provider, guarantees benefit of both the buyer and the seller.

6.6.2 Ename will send you necessary information and reminder during the whole service period in case of need.

6.6.3 Ename safeguards your payment and/or your domain(s) during the whole service period.

7. Fees

7.1 You must pay required service fees and/or other corresponding fees according to Ename’s payment instructions in a timely manner.

7.2 You acknowledge and accept that the Ename’s brokerage and/or escrow fees is limited to safeguarding your payment and/or domain(s) during service period. Ename assumes no liability or responsibility for any domain disputes after transaction is complete.

7.3 You acknowledge and accept that Ename has the right to adjust the brokerage and/or escrow service fees based on market condition or business need.

7.4 Chargeback

You acknowledge and accept that in the event of any charge back of any payment at any time, we reserve the right to suspend your user account, hold and/or deduct your account balance and hold and/or sell your domain(s) if any. You will be required to repay such chargeback amount via wire transfer ONLY. Failure to do so is a breach of these Terms and Conditions. Repayment of the chargeback amount is due immediately without notice, however, we reserve the right at any time to send you reminders that you need to repay chargeback amount via wire transfer ONLY in a timely manner in order to recover your services. Ename assumes no any liability or responsibility for any of your loss caused by your chargeback act.

8.Responsibility For Breach Of Contract

8.1 You acknowledge and accept that Ename Technology Co., Ltd has the right to require both buyer and seller to prepay certain amounts of deposit during the brokerage and escrow service period. If the seller breaches the agreement including but not limited to seller raising the price regardless of the fact that both parties already reached agreement on the original price, and/or seller’s failure to cooperate with domain transfer within the required time which results in the failure of the transaction, seller will be held responsible and the seller’s deposit is to be deducted to compensate the buyer and Ename.

8.2 You acknowledge and accept that Ename Technology Co., Ltd has the right to require both buyer and seller to prepay certain amounts of deposit during the brokerage and escrow service period. If the buyer breaches the agreement including but not limited to buyer’s failure to fulfill all required payment within the required time, buyer will be held responsible and the buyer’s deposit is to be deducted to compensate the seller and Ename.

8.3 You acknowledge and accept that in case of any domain dispute, complaint, arbitration, lock request by administrative panel during the brokerage and escrow service period, Ename and Innocent Party assume no any liability and responsibility.

9.Service Use, Change, Interruption and Termination

9.1 You acknowledge and accept that Ename reserves the right to immediately terminate services with you if you breach any terms and conditions of the brokerage and escrow services during the service period.

9.2 You acknowledge and accept that if both parties are willing to continue negotiating the transaction after service period ends, both parties shall re-negotiate and agree on the price and terms and conditions which is applicable at that time.

9.3 You acknowledge and accept that Ename assumes no liability and responsibility for any delay or possible damage to you caused by network or server breakdown.

9.4 You acknowledge and accept that Ename reserves the rights to immediately terminate service with you and you bear all losses to Ename and the third party if your domain(s) is involved in dispute or your payment is found to be illegal during the brokerage and escrow service period.

10.Force Majeure and Other Disclaimer

10.1 You acknowledge and accept that Ename as your brokerage and escrow service provider, assumes no any liability and responsibility for any possible third party allegation, claim for compensation and/or disputes in any forms caused by the transaction.

10.2 You acknowledge and accept that Ename assumes no any liability and responsibility for any transaction failure caused by act of government, decision of Domain Registry or state law.

10.3 Ename may encounter risks caused by network information or other users’ behavior when accepting your brokerage and escrow service request to purchase overseas domain(s) on your behalf. Ename assumes no any joint liability or liability for damage for any possible event of default during the transaction period.

10.4 Ename safeguards the legality and validity of the transaction process when accepting your brokerage and escrow service request. Whereas, there’re some conditions beyond the control of Ename including but not limited to: WHOIS validity and accuracy of domains being the subject of transactions, whether domain(s) is involved in any forms of disputes etc. Under such conditions which are uncontrollable by Ename, Ename assumes no any liability and responsibility for any of your loss.

10.5 Ename takes best efforts to provide you with brokerage and escrow services and to ensure the consistency and security of the services. Whereas, Ename's unable to always foresee and prevent all possible legal, technical or other kinds of risks, including but not limited to service interruption, data loss or other damage or risks caused by force majeure, virus, trojan, hacker attack, system unstability, third party defect, act of government, etc.

10.6 You acknowledge and accept that the brokerage and escrow services could be interrupted due to risk factors such as force majeure during the service period. Force majeure meaning "chance occurrence, unavoidable accident", is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term act of God (hurricane, flood, earthquake, volcanic eruption, etc.), prevents one or both parties from fulfilling their obligations under the contract. If any of the circumstances happens, Ename will try efforts to cooperate with relevant parties in order to offer timely remedies. Whereas, Ename assumes no any liability or responsibility for any loss caused by force majeure.

10.7 You acknowledge and accept Ename assumes no any liability or responsibility for any of your loss caused by services interruption due to the following reasons:

10.7.1 service interruption caused by virus, trojan, malware and hacker attack

10.7.2 service interruption caused by breakdown in software, system, hardware or communication line

10.7.3 service interruption caused by your misoperation

10.7.4 you use brokerage and escrow service in an unauthorized manner

10.7.5 other scenarios which are uncontrollable or unforeseeable by Ename

11.Jurisdiction and Application of Law

11.1 This agreement is signed in Siming District of Xiamen, Fujian, China.

11.2 The validation, implementation, interpretation and dispute resolution of this agreement are governed by the laws of Mainland China.

11.3 All disputes in connection with the Contract or the execution thereof shall be amicably settled through negotiation. You acknowledge and accept that all disputes shall be submitted to the jurisdiction of the people's court in Siming District of Xiamen, Fujian, China.

12.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.

13.Others

The failure of Ename to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision.

Supplementary Provisions

All terms and provisions of this agreement and other various agreements that have been published or may be published in future are deemed as an integral part of this agreement and it shall have the same legal effect. When you use this Services, you acknowledge and accept that you have read, understand and accept all the terms of this agreement and all kinds of rules, and promised to abide by Chinese laws and regulations. If any of your breach of this agreement causes any legal liability, you will be in its own name independently assume the corresponding legal responsibility.