Saw.com Terms of Service
These Terms of Service apply to your use of services offered by Saw.com (“we”, “us” hereinafter). By using the Saw.com services you agree to be bound by the terms which apply to that service. These terms may be updated from time to time, and you will periodically be requested to affirmatively acknowledge your continued agreement to such updated Terms in the course of using Saw.com services.
Under these Terms, the words “seller” and “buyer” apply to your obligations as the seller or buyer of a domain name, as the case may be in any particular transaction.
The Saw.com services are offered to you on an “as is” and “as available” basis. In no event shall we be liable to you for breach of any obligation or duty of another user of the Saw.com services.
Domain names are listed for sale at Saw.com by the sellers. A listing in the Marketplace does not constitute an approval or warranty by Saw.com that the name is fit for any particular purpose, performs to any specification, or does not infringe the intellectual property rights of any third party.
Saw.com shall have the right to discontinue your use of the services in whole or in part at any time, for any reason. Such reasons include, and are not limited to system abuse; use of the services to generate unsolicited or inappropriate communications; abusive, threatening or demeaning communications to our staff, our customers or other parties.
1. Listing A Domain Name For Sale
Upon listing a domain name for sale with Saw.com, you represent and warrant to Saw.com and to the buyer (a) you are the registrant of the domain name in good standing with no liens, obligations, or renewal payments outstanding in relation to the domain name, (b) you have sole and unencumbered authority to transfer the domain name, and that it is in transferrable condition, and (c) you have not received any notice of administrative or legal proceedings in relation to the domain name. If the domain name is registered to an organization, you represent that you are authorized by the organization to bind the organization to these terms.
It is your sole responsibility and duty to perform any necessary due diligence before listing a domain name. Should any event occur which would hinder your ability to perform in accordance with these terms, it shall be your immediate responsibility to remove the listing from Saw.com.
You agree to indemnify, defend and hold Saw.com harmless from any third party action or claim arising from your registration or use of a domain name or your listing thereof. You agree that Saw.com may remove or prohibit any domain name from being listed with the Saw.com services at any time for any reason.
Sales conducted using our self-brokered listing service shall be subject to the fees listed on our Fee Schedule.
2. Agreement to Purchase
When the buyer and seller agree on a price, Saw.com will provide the buyer with payment instructions and Saw.com will provide the seller with instructions to shall transfer the domain name to the buyer using our Domain Transfer Assistance Service.
As Seller, you agree that assignment of a list price and designation of a listing as “Buy It Now”, or agreement to a negotiated price, shall constitute your agreement to transfer the domain name to a buyer through our Domain Transfer Assistance Service upon our receipt on your behalf of the buyer’s payment of the price you have listed. It is your sole responsibility to verify that the listed price for the domain name is correct and current, and your assignment of a list price constitutes your affirmation that the list price is correct and current. We are entitled to rely on your designation of a list price for a domain name which you have placed for sale as “Buy It Now” or a minimum acceptable price that you have communicated to us.
As Seller, you agree that in the event more than one party has initiated payment for a “Buy It Now” listing or accepted an offer for a domain name, you shall proceed to transfer the domain name to us for transfer to such party from whom we shall have first received payment on your behalf, as determined by us.
The Buyer may cancel any transaction at any time prior to the earliest of (a) transfer of the domain name to the Buyer or (b) transfer of the domain name to our custody by the seller. Unless stated otherwise, any offer by or on behalf of the Seller shall expire upon the earlier of (a) notice from the Seller prior to our receipt of payment and given in the manner such offer was made or to such contact information as the Buyer may provide, (b) seven calendar days.
We reserve the right to cancel any transaction prior to transfer of the domain name to the Buyer, and to refund any payment received from the Buyer, in the event we or any payment processors we utilize determines the transaction poses a substantial risk of fraud or other illegality.
3. Domain Transfer Assistance Service
When the buyer has paid the agreed price, the seller shall cooperate with instructions of Saw.com to effect transfer of the domain name to the buyer. These instructions may include transferring the domain name to a registrar account managed by Saw.com for the purpose of facilitating transfers of purchased domain names. The seller further authorizes Saw.com as its agent to effect transfer of the domain name, including the authority to issue on seller’s behalf any authorizations, approvals or confirmations required to effect transfer of a domain name which seller has agreed to sell. Seller further agrees to issue any further confirmations, approvals or authorizations necessary to effect transfer of the domain name during the course of fulfillment of a sale.
Seller authorizes Saw.com as its agent for receipt of payment from the buyer, and agrees that the buyer may cancel a requested purchase of a domain name at any time prior to the completion of all steps necessary to effect transfer of the domain name to the buyer or to us on behalf of the buyer. In the event of cancellation, Saw.com will return payment to the buyer.
The buyer authorizes Saw.com to act as its agent for receipt of the domain name, which shall be deemed delivered upon our receipt of the domain name on behalf of the buyer. Depending on the transaction Saw.com may request the seller to (a) transfer the domain name to a registrar account at its existing registrar to be held by Saw.com for further transfer to the buyer or (b) approve transfer of the domain name to an account at another registrar for further transfer to the buyer. Some registrars impose a lock period of 60 days, between transfers of a domain name. In the event that Saw.com receives a domain name on behalf of a buyer and subject to a registrar lock period, Saw.com will, at Saw.com’s option, set nameservers for the domain name to those specified by the buyer, and (a) hold the domain name for transfer to the buyer at the conclusion of the registrar lock period or, (b) if possible, transfer control of the holding account to the buyer.
Saw.com is not an escrow service. Incident to the Domain Transfer Assistance Service, the domain name and the agreed compensation shall be deemed to be under the respective ownership of the seller and buyer, prior to transfer of the domain name. Our Domain Transfer Service is provided to assist buyers and sellers in fulfilling agreed domain transfers, but at no time will Saw.com hold the domain name or the agreed compensation in trust for either party, who may cancel a pending transaction prior to completion. The party cancelling a transaction shall be liable to Saw.com for the applicable service fee and/or commission due to Saw.com under the transaction.
The buyer, seller, or Saw.com may alternatively elect to use the services of an escrow provider to provide escrow services in connection with a sale. Saw.com may elect to refer the parties to a third party escrow service for transactions in excess of US $5,000 in value, or other transactions which Saw.com in its sole discretion deems appropriate. The seller and buyer shall agree to the ordinary terms of such escrow provider as Saw.com may engage.
Buyers and sellers who opt to use escrow services of a third party escrow provider shall be bound by the applicable terms of service and to the payment of fees to the escrow provider as agreed by the buyer and seller. We do not warrant the performance or security of transactions completed via third party escrow providers.
Any transaction fees associated with the payment and transaction options selected by seller in connection with a purchase will be deducted from any proceeds for the sale to be paid by Saw.com to the seller.
Saw.com is not a bank or money transfer service. Seller will provide Saw.com with disbursement instructions to Saw.com to enable Saw.com to disburse payment to the Seller within 30 business days or less of receipt of a payment on behalf of Seller using a third party payment service. Seller shall further maintain current payment information associated with Seller’s account upon which Saw.com shall be entitled to rely for payments to Seller. We reserve the right to suspend any payment to Seller in order to investigate fraudulent or suspicious transactions.
4. Buying a Domain Name
As the Buyer of a domain name, you acknowledge and agree that you are solely responsible for determining your right to purchase, register or use the domain name, and that you are solely responsible for any liability arising from your subsequent registration or use of the domain name. You further acknowledge and agree that we do not guarantee performance by the seller, that your claims and remedies with respect to seller’s performance are solely limited to the seller in relation to the seller’s obligations under these terms. In no event shall be we be liable to you in any amount greater than any payment we have received from you.
Prior to our receipt of payment from the Buyer, the Seller may cancel and/or revoke any agreement for sale of a domain name. The seller shall be solely responsible to the buyer for failure to transfer the domain name, regardless of whether such failure is attributable to the seller or to the registrar in accordance with the policies of such registrar responsible for the domain name. Seller shall be liable to us for all applicable transaction fees in the event of failure of performance by the Seller to transfer the domain name after payment of the sale price by the buyer. Seller shall further be liable to us for any fees incurred in refunding payment to the buyer in the event seller cancels while payment is in process.
The domain name shall be deemed delivered by our Domain Transfer Assistance Service (a) upon transfer of the domain name to the buyer or (b) upon transfer of the domain name to our custody on behalf of the buyer.
If buyer requests cancellation of a transaction prior to delivery of the domain name, then payment (less round trip transaction fees) shall be refunded and any agreement to purchase and sell the domain name between the parties shall be terminated. Additional terms apply to buyers using our Buyer Broker service, noted below.
5. Seller Brokerage Services
Seller agrees that for any domain name assigned to our Seller brokerage services:
(a) you will promptly respond to broker inquiries concerning offers by prospective purchasers,
(b) you will be liable for commission on any sale of a domain name to a lead obtained or contacted by Saw.com, for sales concluded by Saw.com or from sales to such lead for a period of ninety days after the most recent communication between Saw.com brokerage and the lead, and for commissions on brokered transactions which you have cancelled.
You agree to pay a sales commission as set forth on our Fee Schedule. Sales commissions(s) will be deducted from any amount paid or credited to you after receipt of payment for such sales by Saw.com.
6. Buyer Brokerage Services
If you would like us to attempt to purchase a domain name on your behalf, we charge an initial payment to review your requested domain name, research its availability, and to consult with you on what we believe may be an appropriate budget for purchasing the domain name. In some instances, we may find that the domain name is not realistically available, or is not an appropriate name for us to attempt to purchase. In such an event, we reserve the right to decline to provide this service in our sole discretion and for any reason.
We may also discuss acquisition of any alternative domain name(s), social media handles or other assets which may be suggested by us or by you. In the event that you engage us to obtain such assets, these terms shall continue to apply to acquisition thereof.
We will use our best efforts and expertise to advise you of the appropriate price, negotiating strategy, timing, or method(s) to acquire the assets. By engaging this service, you authorize us to conduct such communications and negotiations on your behalf as we determine to be appropriate to obtain the domain name on such terms as may be acceptable to you. We may agree to provide additional task(s) in the course of performance, subject to our mutual written agreement and any additional terms stated therein.
In the event that your selected domain name is one for which we already represent the owner or in which we have any interest, we will inform you of those facts.
In the event you are a party to a pre-existing brokerage or purchase agreement in relation to the selected domain name(s), you will be responsible for payment of any commission, fee or penalty arising from such pre-existing brokerage or purchase agreement.
You are solely responsible for determining your right to purchase or use any domain name proposed to be acquired under these terms of service. You will not use our service to carry out any unlawful scheme or purpose. In the event you have engaged this service as an agent or broker on behalf of a principal party, you will disclose that fact to us, and you agree that you have authority to bind your principal to these terms.
You will have the right to approve any final agreement to purchase the domain name on such terms as we have negotiated with the seller. You will be obligated to pay the full cost of any purchase, in the amount you have authorized to be agreed negotiated or conducted by us on your behalf, unless the terms of such acquisition specify otherwise in a signed writing. Such costs may include the purchase price, any applicable taxes, payment processing charges, or escrow fees.
You will pay us a commission stated in our Fee Schedule upon closing of a purchase, and which we may require to be paid to us in the course of performance of such purchase, including direct payment from any escrow agent engaged for the purchase. Commission terms for assets other than domain names will be established upon mutual agreement.
The term of our Buyer Broker service shall continue for an initial period of 120 days or until you have possession and control of the domain name, whichever occurs first. These terms shall extend into a holdover period beyond the initial period which shall automatically renew for successive holdover periods of one month. You may discontinue using our services at the conclusion of the initial period or at any time during the holdover period by notifying us that you no longer desire our services.
Your obligation to pay our commission shall last for six months from the date of our last communication made on your behalf to purchase the domain name(s), whether during the initial period or the holdover period, and shall apply to any purchase of the domain name(s) by you, on your behalf or by your principal.
7. Custom Terms
Saw.com may facilitate the negotiation and performance of transactions on terms other than those set forth herein, and subject to a separate written agreement signed by an officer of Saw.com. In such circumstances, the terms of such agreement shall control relative to any conflicting provision herein, including the amount of any service fee or commission.
8. Time-Structured Transactions – Domain Management Service
Buyer and Seller may agree to our Domain Management Service, under which we shall administer operation of a domain name subject to a time-structured payment arrangement. The size, number of payments and schedule of such time-structured payment arrangement shall be established in the transaction record agreed to by the Buyer and Seller.
Transfer of the domain name to the Buyer is contingent upon payment of the Purchase Price and any associated Maintenance Fees by the Buyer, the total remaining balance of which may be paid in full at any time by the Buyer prior to expiration of the Term specified in the transaction record.
(a) MAINTENANCE OF THE DOMAIN NAME DURING THE TERM
Upon agreement to engage our Domain Management Service, the Seller shall (a) renew the domain name for a term commensurate with the term of the payment schedule and (b) transfer the domain name to such account as we will instruct the Seller, within ten business days of our receipt of the initial payment from the buyer.
The Seller licenses the Buyer to use the domain name during the term hereof, and authorizes us to administer this license by maintaining the domain name on behalf of the Seller in a registrar account controlled by us.
Prior to transfer of the Domain Name to Buyer pursuant to these terms, the domain registration data (WHOIS data) will reflect that the domain name remains registered to the Seller subject to our management, indicating that the domain name remains registered on behalf of the Seller subject to the terms of this service and the applicable Registrar terms. We shall further provide and maintain WHOIS contacts as agent for the Buyer and Seller, and shall forward emails received via the administrative contact to the Buyer.
The Buyer and Seller agree that we are the sole authorized domain license administrator and authorized transfer agent and contacts for the domain name, and that we are to maintain a registrar lock on the Domain Name during the Term hereof against transfer attempts or requests, notwithstanding any other provision of the domain name registration agreement. Neither Buyer nor Seller shall make any attempt to effect transfer of the Domain name in contravention of these terms by any method.
(b) Scheduled Payment Due Dates
Scheduled payments shown in the payment schedule associated with the transaction record shall be due on the date shown or on the next successive business day as observed in the United States. Timely payment by the Buyer is a material condition of these terms.
(c) Manner of Payment
Payment(s) shall be made by the Buyer in the manner specified according to the transaction record. The Buyer may be required to issue a further authorization to establish a recurring payment to be billed to the Buyer in accordance with the terms of the Buyer’s payment instrument. The Buyer further authorizes the us to deduct payments due from any transaction in which Buyer shall have acted as seller using our services.
(d) General Payment Terms
Unless otherwise specified in writing by us, each scheduled payment received from the Buyer will be applied to the applicable commission or service fee set forth on our Fee Schedule, the Purchase Price, domain renewal fee (if applicable) and any payment transaction fee charged to us.
The Buyer may elect to make any scheduled payment in advance of its due date. Any payment amount in excess of a scheduled payment will be applied to any outstanding amount then-owed by the Buyer, and then successively to the next scheduled payment(s) due.
In the event that any payment received is less than the total amount due in an amount we deem to be insubstantial, such as from unanticipated deduction of intermediary fees, the difference shall be added to the next payment due, or charged to the Buyer as a separate final payment.
Payment is due on or before the date(s) specified in the Payment Schedule. A Payment is deemed made when received by us.
Subject to all current payments having been made, the Buyer may exercise, at Buyer’s sole option, to pay the remaining balance of future payments (Payoff Balance) in full to obtain transfer of the domain name.
Buyer is responsible to ensure that it has provided current payment information, and for keeping it up to date.
Upon full payment of the Payoff Balance, we shall transfer registration of the domain name to the Buyer.
(e) Use of the Domain Name / Risk of Loss
The Buyer warrants that the domain name shall be used solely for lawful purposes, and in accordance with any applicable laws, regulations, and registrar or registry policies. The Buyer is solely responsible for determining its right to use the domain name and shall be liable for its use, mis-use, or any action by the Buyer causing impairment or loss of the Domain name during such time as it is used by the Buyer.
The Buyer shall indemnify, defend, and hold harmless the Seller and us against any loss or damage (including all fees, costs and other expenses) arising from claims of a third party for conduct arising from Buyer’s use of the Domain name, including by example and without limitation any act of:
Negligence or product liability in the provision of any service or product.
Illegal or Unlawful conduct.
Breach of contract made by use of the Domain name.
Misappropriation, infringement, or violation of intellectual property rights.
Slanderous or libelous content.
In the event of such third party claim arising from use of the domain name, we shall be entitled, in our sole discretion for the purpose of mitigating liability, to (a) disable Buyer’s use of the domain name, (b) identify to such claimant, court, adjudicative body or law enforcement agency, the Buyer and Seller as the parties in interest in relation to the domain name and disclose the terms of this agreement, or (c) take such other reasonable measures to mitigate Registrar’s liability, or potential loss or impairment of the domain name, prior to transfer of the domain name to the Buyer.
Any impairment or loss of the domain name attributable to Buyer’s conduct shall not relieve Buyer of any obligation hereunder; The Buyer shall be liable for payment of the full Payoff Balance to the Seller in the event of loss of the domain name. The Seller shall have the independent right to enforce such payment from the Buyer pursuant to the dispute provisions hereof.
The Buyer and Seller acknowledge that the Registrar may be required under the terms of the ICANN Uniform Dispute Resolution Policy, an applicable TLD registry policy, or under order of a court of competent jurisdiction, to transfer the Domain name in accordance with such administrative or judicial determination.
Failure of any payment due within 15 calendar days of the scheduled payment, shall render the Buyer in default, and the domain name will be returned to the Seller. No payments received prior to default by the Buyer shall be refunded.
Default shall not disqualify the Buyer and Seller from initiating a further transaction on such terms as they may agree.
9. General Terms
You are solely responsible for determining your right to sell, purchase or use a domain name which you choose to sell, purchase or use in connection with our services. Saw.com makes no warranty as to title, merchantability, performance or freedom from infringement in relation to any domain name users choose to list or transact with our services.
In no event shall we be liable to you in any amount greater than what you have paid to utilize our services.
These terms may be updated from time to time. Your continued use of our services subsequent to such updates shall constitute your acceptance of the updated terms. The fees applicable to any transaction under our services shall be those listed on our Fee Schedule at the time of agreement to our services, or a specified transaction thereunder.
You agree that this agreement is made in Hillsborough County, Florida, and that it shall be interpreted under the law of Florida to the exclusion of its choice of law principles, and that all disputes arising under these terms or otherwise in connection with our services shall be brought in a court located in Hillsborough County, Florida to the exclusion of any other venue.
Last edited February 6, 2024.