Terms & Conditions

1. Introduction

1.1
These Terms and Conditions (the "Agreement") constitute a legally binding agreement between the user ("Customer", "you", or "your") and Archblue Limited, a company incorporated in England and Wales with company number 13395333, trading as Emirate Domains ("Company", "we", "us", or "our"). The Company's registered office is situated at 71-75 Shelton Street, London, England, WC2H 9JQ.

1.2
By accessing, browsing, or using our website (https://emiratedomains.com) ("Website") and the services offered therein ("Services"), you acknowledge that you have read, understood, and agree to comply with and be bound by the terms and conditions of this Agreement, along with any other policies referenced herein or available by hyperlink.

1.3
If you do not agree to be bound by these Terms and Conditions, you must immediately discontinue your use of the Website and Services.

1.4
This Agreement applies to all users of the Website and Services, including without limitation, users who are browsers, vendors, customers, merchants, and contributors of content.

1.5
We reserve the right to modify, alter, or update these Terms and Conditions at any time, and such amendments shall be effective immediately upon posting on the Website. Your continued use of the Website and Services following the posting of any changes constitutes acceptance of those changes. It is your responsibility to review these Terms and Conditions periodically for any updates or changes.1.6This Agreement is governed by and construed in accordance with the laws of England and Wales, including but not limited to the Contracts Act 1999 (Part of the Contracts (Rights of Third Parties) Act 1999) and the Consumer Rights Act 2015.

1.7
If any provision of this Agreement is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

2. Services

2.1
The Company provides domain brokerage and domain advisory services ("Services"), acting as an intermediary between domain buyers and sellers. Our Services are designed to facilitate the buying, selling, and advisory processes of domain names, ensuring efficient and effective transactions.

2.2
Customers can request our Services by completing and submitting the relevant form available on our Website or by directly contacting us via email at broker@emiratedomains.com. By submitting a request for our Services, you agree to provide accurate, current, and complete information and to promptly update such information as necessary to maintain its accuracy.

2.3
Upon receipt of a service request, the Company will review the information provided and may, at its sole discretion, contact you for further details or clarification. Acceptance of your request for Services is subject to our approval, and we reserve the right to decline any service request at our sole discretion without obligation to provide a reason.

2.4
The scope of the Services to be provided will be outlined in a separate Brokerage Agreement, which must be signed by the Customer before the commencement of any brokerage activities. In the event of any conflict between the provisions of the Brokerage Agreement and these Terms and Conditions, the terms of the Brokerage Agreement shall prevail.

2.5
The Company may charge fees for the provision of its Services, which will be communicated to the Customer in advance. Any such fees may be required to be paid upfront before the commencement of Services. The Company reserves the right to use third-party payment processors, such as Stripe or Wise, for the collection of such fees.

2.6
The Company does not guarantee the successful sale or acquisition of any domain name and shall not be liable for any failure to complete a transaction or for any financial loss incurred as a result of using our Services.

2.7
Our services are provided in compliance with the Consumer Rights Act 2015, ensuring transparency and fairness in the provision of services.

3. User Interaction and Brokerage Agreement

3.1
Customers who wish to buy or sell a domain name through our Services are required to enter into a Brokerage Agreement with the Company. The Brokerage Agreement will detail the specific terms and conditions applicable to the brokerage services being provided, including but not limited to, the scope of services, fees, payment terms, and obligations of both parties.

3.2
The Brokerage Agreement must be signed by the Customer before the commencement of any brokerage activities. By signing the Brokerage Agreement, you acknowledge and agree to be bound by its terms and conditions.

3.3
In the event of any inconsistency or conflict between the provisions of the Brokerage Agreement and these Terms and Conditions, the provisions of the Brokerage Agreement shall take precedence and prevail.

3.4
The Brokerage Agreement will be provided to you upon request for our brokerage services and must be reviewed carefully. It is your responsibility to ensure that you fully understand and agree to the terms of the Brokerage Agreement before signing.

3.5
Any amendments or modifications to the Brokerage Agreement must be agreed upon in writing by both parties. The Company reserves the right to make changes to the Brokerage Agreement from time to time, and any such changes will be communicated to you in advance for acceptance.

3.6
The Company reserves the right to decline any request for brokerage services at its sole discretion and without obligation to provide a reason. In such cases, any fees paid in advance will be refunded in accordance with our refund policy.

3.7
The Brokerage Agreement, together with these Terms and Conditions, constitutes the entire agreement between you and the Company with respect to the provision of brokerage services and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to such services.3.8The terms of the Brokerage Agreement are governed by the Contracts Act 1999, which provides for the enforceability of agreements and contracts.

4. Fees and Payment

4.1
The Company reserves the right to charge fees for the provision of its Services. Specifically, we may require an upfront fee before undertaking any brokerage activities as an intermediary between a buyer and/or seller. Such fees are intended to cover administrative costs and ensure commitment from both parties.

4.2
All fees applicable to the Services will be communicated clearly to the Customer prior to the commencement of any brokerage activities. The Company will provide a detailed breakdown of the fees, including the basis for calculation and any other relevant information, to ensure transparency and understanding.

4.3
Payment of any fees must be made in accordance with the instructions provided by the Company. The Company utilizes third-party payment processors, such as Stripe or Wise, to facilitate and process payments. By using our Services, you consent to the use of these third-party payment processors and agree to comply with their terms and conditions.

4.4
All payments must be completed in full before the Company proceeds with any brokerage services. The Company will not commence any brokerage activities until payment has been received and confirmed.

4.5
In the event that the Customer fails to make payment as required, the Company reserves the right to suspend or terminate the provision of Services without liability. Any fees paid prior to suspension or termination will be subject to the Company’s refund policy, as outlined in the Brokerage Agreement.

4.6
The Company may review and adjust its fee structure periodically. Any changes to the fee structure will be communicated to the Customer in advance, and such changes will apply to any new or ongoing service requests made after the effective date of the adjustment.

4.7
All fees are exclusive of any applicable taxes, which shall be the responsibility of the Customer to pay. The Customer agrees to indemnify the Company against any claims or demands for taxes, levies, or other charges arising out of or related to the fees paid for the Services.

4.8
Payments may be processed through third-party services such as Stripe or Wise, in accordance with the Consumer Credit Act 1974, which ensures transparency in payment transactions.

5. Right to Decline Service

5.1
The Company reserves the unilateral right to decline to provide services to any Customer at any time and for any reason, including but not limited to, reasons related to compliance with legal or regulatory requirements, perceived risk, or other business considerations.

5.2
In the event that the Company decides to decline a Customer’s request for services, we will endeavor to provide a reason for such a decision. However, the Company is under no legal obligation to disclose the specific reasons or provide any explanation for its decision.

5.3
The Company’s right to decline service is exercised at its sole discretion and may be exercised without prior notice or explanation. This right includes, but is not limited to, the right to reject service requests based on our internal criteria or policies, which may be updated from time to time.

5.4
Should the Company decline to provide services to a Customer, any fees paid in advance for services not yet rendered will be refunded in accordance with the Company’s refund policy, as outlined in the Brokerage Agreement or otherwise communicated to the Customer.

5.5
The Company’s decision to decline service shall not be construed as a waiver of any rights or obligations under these Terms and Conditions or any other agreements between the parties.

5.6
This right is exercised in accordance with the Consumer Rights Act 2015, which provides for fair treatment of consumers.

6. Arbitration Clause

6.1
Any dispute, controversy, or claim arising out of or in connection with this Agreement, including any questions regarding its existence, validity, interpretation, performance, breach, or termination, shall be resolved through arbitration in accordance with the rules of the London Court of International Arbitration (LCIA).

6.2
The arbitration shall be conducted in accordance with the LCIA Arbitration Rules in force at the time of the arbitration. The LCIA Rules are deemed to be incorporated by reference into this clause.

6.3
The arbitration proceedings shall be conducted by a single arbitrator, who shall be appointed in accordance with the LCIA Rules.

6.4
The seat, or legal place, of arbitration shall be London, England. The arbitration shall be conducted in the English language.

6.5
The arbitrator’s decision shall be final and binding on all parties. The parties agree to comply with any award rendered by the arbitrator and waive any right to appeal or challenge the arbitrator's decision, except as provided under the LCIA Rules or applicable law.

6.6
The parties agree that any arbitration proceedings shall be kept confidential, and the details of the proceedings, including any settlement or award, shall not be disclosed to any third party without the prior written consent of all parties, except as required by law or for the enforcement of the arbitration award.

6.7
Nothing in this clause shall prevent any party from seeking interim relief or injunctive relief from a court of competent jurisdiction to protect its interests pending the resolution of the dispute by arbitration.

6.8
The number of arbitrators shall be one, and the seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English. This clause is governed by the Arbitration Act 1996.

7. Limitation of Liability

7.1
To the fullest extent permitted by law, the maximum aggregate liability of the Company, its officers, directors, employees, agents, and affiliates, whether arising in contract, tort (including negligence), strict liability, or otherwise, shall be limited to the greater of $5,000 or the total amount paid by you for the specific services giving rise to the claim.

7.2
This limitation of liability applies to all claims, whether arising out of or in connection with the provision of services, including but not limited to, claims for damages, losses, costs, or expenses related to breach of contract, negligence, misrepresentation, or any other legal theory.

7.3
In no event shall the Company be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to, loss of profits, loss of business, or loss of data, even if the Company has been advised of the possibility of such damages.

7.4
The limitations and exclusions set forth in this clause shall apply irrespective of whether any remedy provided herein fails of its essential purpose.

7.5
Nothing in this clause shall exclude or limit liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

7.6
This limitation is in accordance with the Unfair Contract Terms Act 1977, which regulates the fairness of contractual terms and limitations of liability.

8. Severability
8.1
If any provision of this Agreement is determined to be invalid, unenforceable, or void by a court of competent jurisdiction or other authoritative body, such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement.

8.2
The invalid, unenforceable, or void provision shall be deemed modified or interpreted to the minimum extent necessary to make it valid and enforceable, in accordance with the intent of the parties as reflected in the original provision.

8.3
The remaining provisions of this Agreement shall continue in full force and effect, and the parties shall act in good faith to amend or replace any invalid or unenforceable provision with a valid and enforceable provision that most closely reflects the original intent of the parties.

8.4
The invalidity or unenforceability of any provision shall not be deemed to render any other provision invalid or unenforceable, and the Agreement shall be interpreted and enforced as if such invalid or unenforceable provision had never been included.

8.5
This clause is supported by the Contracts Act 1999, which ensures that the invalidity of one provision does not invalidate the entire agreement.

9. Waiver
9.1
The failure of the Company to enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision of this Agreement.

9.2
No waiver of any breach or default under this Agreement shall be deemed to be a waiver of any subsequent breach or default, whether of a similar or different nature.

9.3
Any waiver of any provision of this Agreement must be expressly given in writing and signed by an authorized representative of the Company. Such waiver shall apply only to the specific instance to which it pertains and shall not constitute a waiver of any other provision or any future instance of non-compliance.

9.4
The Company’s rights and remedies under this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

9.5
This clause aligns with the Contract Act 1999, which addresses the requirements for waivers and amendments to contracts.

10. Entire Agreement

10.1
This Agreement, together with the Privacy Policy and the Brokerage Agreement, constitutes the entire agreement between you and the Company concerning your use of our services.

10.2
This Agreement supersedes and replaces all prior agreements, understandings, representations, and communications, whether written or oral, between you and the Company regarding the subject matter of this Agreement.

10.3
No other agreements, understandings, or communications, whether verbal or written, shall be considered part of or modify this Agreement unless expressly agreed to in writing by both parties.

10.4
The provisions of this Agreement, the Privacy Policy, and the Brokerage Agreement are intended to be read together as a unified document. In the event of any inconsistency between these documents, the terms of the Brokerage Agreement shall prevail, followed by the terms of the Privacy Policy and then this Agreement.

10.5
Any amendments or modifications to this Agreement, the Privacy Policy, or the Brokerage Agreement must be made in writing and signed by an authorized representative of the Company to be effective.

10.6
This clause is supported by the Contracts Act 1999, which provides that the written agreement constitutes the full understanding between the parties.

11. No Partnership

11.1
Nothing in this Agreement, whether expressed or implied, shall be construed to create, establish, or imply any partnership, joint venture, agency, or other similar relationship between you and the Company.

11.2
The relationship between you and the Company is that of independent contractors, and neither party shall have the authority to bind the other in any manner or to act on behalf of the other except as expressly provided in this Agreement.

11.3
This clause ensures compliance with the Partnership Act 1890, which defines the nature of partnerships and prevents unintended partnerships.

11.4
The Agreement does not create any fiduciary duties or obligations between you and the Company, nor does it confer any rights or benefits to any third parties.

12.
Sanctions and Export Controls

12.1
By engaging with the Company, you represent and warrant that neither you nor any person or entity on whose behalf you are transacting is listed on any sanctions or export control lists, including but not limited to:•The Consolidated List of Persons, Groups, and Entities Subject to EU Financial Sanctions•The UK Sanctions List (Office of Financial Sanctions Implementation - OFSI)•The Office of Foreign Assets Control (OFAC) Sanctions List

12.2
You further agree that you will not use our services if you or any person or entity you represent is subject to any sanctions, embargoes, or restrictions imposed by applicable laws and regulations.

12.3
The Company reserves the right to refuse service to, or terminate service for, any individual or entity located in or associated with any of the following countries, or any other country subject to sanctions or export controls:•Afghanistan•Belarus•Bosnia and Herzegovina•Burundi•Central African Republic•Democratic People’s Republic of Korea (DPRK)•Democratic Republic of the Congo (DRC)•Guinea•Republic of Guinea-Bissau•Haiti•Iran•Iraq•Libya•Mali•Myanmar•Nicaragua•Russia•Somalia•South Sudan•Sudan•Syria•Venezuela•Yemen•Zimbabwe•Cuba•Ethiopia•Lebanon•Ukraine•State of Palestine•Israel•Guatemala•Niger•Tunisia

12.4
This list of restricted countries is not exhaustive and may be updated periodically. The Company reserves the right to review and update the list of restricted countries on a case-by-case basis in accordance with applicable laws and regulations.

12.5
You agree to comply with all applicable laws, regulations, and guidelines related to sanctions and export controls, and to provide any additional information or documentation requested by the Company to verify compliance.

12.6
This clause is supported by the Sanctions and Anti-Money Laundering Act 2018, which enforces sanctions and export controls.

13. Governing Law

13.1
This Agreement shall be governed by, and construed in accordance with, the laws of England and Wales.

13.2
The parties agree that any disputes arising out of or in connection with this Agreement, including its formation, interpretation, or performance, shall be subject to the exclusive jurisdiction of the courts of England and Wales, except as otherwise provided in the Arbitration Clause.

13.3
The application of any international conventions or agreements, including but not limited to the United Nations Convention on Contracts for the International Sale of Goods (CISG), is expressly excluded.

14. Contact Information

14.1
If you have any questions, concerns, or inquiries regarding this Agreement, please contact the Company at:Email: broker@emiratedomains.com

14.2
For prompt assistance, please ensure that your email includes a clear subject line and detailed information about your query or issue. We will make every effort to respond to your inquiry in a timely manner.

14.3
For further inquiries or support related to our services, you may also visit our website at https://emiratedomains.com for additional contact information and resources.

14.4
Please note that communication regarding disputes or legal matters should be directed in accordance with the dispute resolution procedures outlined in the Arbitration Clause of this Agreement.