As a valuable business asset, domain names can often rank on a par with (or even exceed) trade marks. Yours may not be the only business that knows the value of your desired domain name however.
In such cases, the ability to purchase or rent the domain name provides considerable scope for negotiation. Domain names should also be transferred when a business changes hands. Whilst the subject matter of the transaction may consist only of 0s and 1s, there should be nothing virtual about the transaction itself.
Having a Domain Name Agreement for sale, rental, assignment or licence in place is essential, protecting both parties and ensuring that the transaction proceeds smoothly and as agreed.
Domain Name Agreements is part of Business . Just £38.50 + VAT provides unlimited downloads from Business for 1 year.
Frequently Asked Questions
I want to buy a domain name someone else owns. What agreement do I need? +
Use a domain name sale or assignment agreement. It records the price, confirms the seller actually owns the domain and has the right to sell it, and sets out the steps to transfer the registration to you at the registry. Paying without a written transfer risks the domain not moving or the seller claiming rights over it. This sub-folder provides agreements for the sale and assignment of domain names.
Should domain names transfer when I sell or buy a business? +
Yes, and it is easy to miss. Domain names are business assets, so on a sale of a business or its assets the relevant domains should be listed and formally assigned to the buyer, with the registration transferred at the registry. If they are left in the seller's name the buyer can lose the website and email that go with them. This sub-folder provides assignment agreements to move a domain as part of the deal.
Can I rent or licence a domain name instead of buying it? +
Yes. If the owner will not sell, you can agree to rent or licence the domain, paying to use it for a period while the owner keeps registration. A written rental or licence agreement is essential, setting the fee, the term, what you may use the domain for and what happens at the end, so you are not left relying on the owner's goodwill. This sub-folder provides domain rental and licence agreements alongside sale and assignment.
What should a domain name agreement cover? +
Whether you are buying, selling, renting or licensing, cover who the parties are, the exact domain, the price or fee and term, a warranty that the transferor owns the domain and can deal with it, confirmation that it does not infringe anyone else's rights and the practical steps and timing for the registry transfer or use. Missing the transfer mechanics is a common cause of deals that stall. The agreements here are built around these terms.
