This Domain Name Transfer Agreement (“Agreement”) is a legally binding agreement between you (“you” or “user”) and NameMart Pte. Ltd (“NameMart” or “we”) regarding the domain transfer and related services provided through https://www.namemart.com. This Agreement sets forth the terms and conditions governing your use of NameMart's Domain Name Transfer services to obtain the Transfer Authorization Code ("Auth Code") and transfer a registered domain name to or from NameMart. The terms “You” or “User” shall refer to any individual, legal entity or organization who has registered a domain name on the NameMart or transferred a registered domain name to NameMart. Please read this Agreement carefully, as it contains important information regarding the obtaining of the Auth Code and the follow-up transfer procedures.
1. User Responsibilities
1.1 Any application for the transfer of a domain or Auth Code should be subject to:
(i) You are the rightful owner of the domain or the have obtained explicit authorization from the current domain owner;
(ii) the domain being in an active status and not being subject to any disputes;
(iii) the original registration took place more than 60 days prior to the transfer request (It is advised to transfer the domain 60 days after the renewal, otherwise there is the potential the renewal year will be lost due to ICANN policy);
(iv) PRE domain is not transferrable within 60 days of delivery;
(v) your sole responsibility for any dispute arising from or in connection with the domain transfer.
1.2 You should ensure that any information you provided to NameMart is true, accurate and current, and the phone number, email address of Registrant Contact provided are correct and in normal use. Any loss(including but is limited to the malicious transfer of the domain) caused by inaccurate or outdated information shall be your sole responsibility.
1.3 You are responsible for safeguarding all domain-related credentials, including management your password, contact phone number, email account passwords. Any loss arising from unauthorized disclosure of such information or failure to maintain these credentials shall be solely your responsibility.
1.4 Auth codes are basically a password for the domain serving as an extra security measure. The Auth Code ensures that only a domain owner can make domain name transfers. The process of obtaining a transfer Auth Code is as follows:
(i) User logins to Control Panel at https://www.namemart.com and request an Auth Code;
(ii) NameMart sends a verification email to the administrative contact and confirms the identity of the applicant;
(iii) NameMart sends an Auth Code to the administrative contact email;
(iv) Upon receiving the Auth Code, the user can complete the follow-up transfer process.
1.5 You should properly keep the Auth Code obtained under this Agreement. Any misuse or loss not caused by NameMart shall be your sole responsibility.
1.6 Your use of the Domain Name Transfer service under this Agreement must be in compliance with applicable laws, ICANN policy and other relevant regulations of NameMart. NameMart is not responsible for any loss caused by your violation of this Agreement or related policies.
1.7 It is strictly prohibited to use domain name transfer service and other services provided by NameMart in any illegal way, for any illegal purpose, or in any way inconsistent with this Agreement. In case of any violation of the above provisions, NameMart reserves the right to refuse, suspend or terminate services, including but not limited to domain name transfer and domain name resolution.
1.8 Your use of the Domain Name Transfer service must be in full compliance with this Agreement. You shall be solely responsible for any loss caused by your violation of this Agreement. You agree to indemnify NameMart and its affiliates against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees). NameMart reserves the right to keep records of such breach and suspend, terminate, restrict, delete the domain name resolution in its absolute and sole discretion without prior notice.
1.9 NameMart reserves the right to modify this Agreement or the obtaining process of transfer Auth Code at any time. Changes become effective upon posting on https://www.namemart.com. It is your responsibility to review the current terms periodically.
2. Account Security
2.1 Once NameMart sends the Auth Code to you and the domain is no longer listed under NameMart in the WHOIS database, NameMart will no longer be the registrar of record on Whois search or be responsible for the management, disputes or claims of the domain.
2.2 You shall indemnify NameMart and its affiliates against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your breach of this Agreement. In case of such breach, NameMart may take actions stipulated in Article 1.7 and 1.8 in its absolute and sole discretion without prior notice.
2.3 You understand that the Domain Name Transfer Service relies on the stable operation of the internet and other third-party systems. NameMart shall not be liable for service interruption,delays, or failure caused by force majeure events including natural disaster, computer virus, hacking, system instability, illegal content, spam filtering,network failures, technical issues, or government intervention.. You hereby agree to exempt NameMart from relevant responsibilities for failure to perform its obligations under this Agreement in such cases.
3. Miscellaneous
3.1 Modification of Agreement. You understand and agree that the domain name system and its policies, and the practice of registering, monitoring and administering domain names are continually evolving. Thus, NameMart may modify this Agreement as necessary to reflect changes in domain name administration practices and policies. Updated terms take effect immediately upon posting without prior notice. You are advised to review the Agreement before each domain transfer request.
3.2 Governing law; jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of Singapore. Any dispute or claim between You and NameMart shall first be settled through friendly negotiation. Failing which, you hereby fully agree to submit the dispute or claim to the jurisdiction court where NAMEMART PTE. LTD. is located.
3.3 NameMart reserves the copyright of this Agreement and the right of final interpretation within the limits prescribed by law.