Terms & Conditions

1. Introduction

These Terms and Conditions (the “Terms”) constitute a binding agreement between you (the “Client” or “you”) and Domain Observant, a company duly incorporated under the laws of the State of California, United States, (hereinafter referred to as “Domain Observant”, “we”, “our”, or “us”). By accessing and using the services provided by Domain Observant, including but not limited to the Domain Observant website located at https://domainobservant.com/ (the “Website”) and any other services offered through it (collectively, the “Services”), you agree to be bound by these Terms, as well as any amendments or modifications made by Domain Observant from time to time. If you do not agree with these Terms, you must immediately discontinue the use of the Website and Services. These Terms govern your relationship with Domain Observant and supersede any previous agreements or understandings, oral or written.

These Terms also incorporate by reference any additional policies, disclaimers, or rules that may be posted on the Website or presented to you in connection with particular Services, all of which are legally binding upon you.

2. Scope of Services

Domain Observant provides comprehensive consultancy services related to domain name acquisition, portfolio management, digital branding, SEO optimization, and other associated services aimed at enhancing online business value. The Services provided include, but are not limited to:

• Domain Consultancy: Expert guidance on selecting, acquiring, and managing domain names to align with your business objectives and brand strategy.
• Domain Acquisition: Facilitation of domain name acquisitions, including legal due diligence, contract negotiation, and compliance with the Internet Corporation for Assigned Names and Numbers (ICANN) regulations.
• Domain Portfolio Management: Strategic management of domain portfolios to maximize digital presence, brand identity, and overall business value.
• SEO and Branding Strategies: Assistance in aligning domain names with SEO best practices to improve search engine visibility and digital marketing efforts.

By accepting these Terms, you acknowledge and authorize Domain Observant to provide these Services in accordance with the scope defined herein.

3. Payment Terms

Payment for Services provided by Domain Observant, including but not limited to domain acquisitions, consulting services, and portfolio management, shall be due as specified in the Service Agreement or invoice.

• Due Date: All payments are due within thirty (30) calendar days from the date of invoice. Failure to pay within the stipulated period will result in a late payment charge of 1.5% per month or the maximum interest permissible under applicable law, as provided for under California Commercial Code Section 2-709.
• Late Fees: If payment is not received by the due date, Domain Observant reserves the right to impose a late fee or interest in accordance with California Civil Code Section 3289. Payment default may also lead to suspension of services until full payment is made.
• Payment Methods: Payments can be made through various channels, including wire transfer, credit card, or any other payment method mutually agreed upon between the Client and Domain Observant. Transaction fees or processing fees imposed by third parties shall be borne by the Client.
• No Refund Policy: All payments made for Services rendered by Domain Observant, including domain acquisition, consultancy fees, and other related charges, are final and non-refundable. This is in accordance with California Civil Code Section 1738 (Sales of Digital Goods), and no refunds will be issued once a transaction is completed.

4. Client Obligations

By using the Website and Services, you agree to:

• Accuracy of Information: Provide accurate, complete, and truthful information in all communications with Domain Observant. You agree to update such information as necessary to ensure its accuracy.
• Compliance with Law: Ensure that you comply with all applicable local, state, federal, and international laws, including but not limited to U.S. Trademark Law, ICANN regulations, and the Digital Millennium Copyright Act (DMCA).
• Intellectual Property Compliance: Ensure that the domain names you acquire through Domain Observant do not infringe upon any third-party intellectual property rights, including trademark, patent, or copyright laws. You shall indemnify and hold harmless Domain Observant from any claims arising from your breach of this obligation.
• Legal Use: You agree not to use any acquired domain name for illegal purposes, including fraud, infringement, or violation of any third-party rights. Any such illegal activity shall constitute a material breach of these Terms, and Domain Observant may immediately terminate the agreement with you.

By using the Website and Services, you agree to:

• Accuracy of Information: Provide accurate, complete, and truthful information in all communications with Domain Observant. You agree to update such information as necessary to ensure its accuracy.
• Compliance with Law: Ensure that you comply with all applicable local, state, federal, and international laws, including but not limited to U.S. Trademark Law, ICANN regulations, and the Digital Millennium Copyright Act (DMCA).
• Intellectual Property Compliance: Ensure that the domain names you acquire through Domain Observant do not infringe upon any third-party intellectual property rights, including trademark, patent, or copyright laws. You shall indemnify and hold harmless Domain Observant from any claims arising from your breach of this obligation.
• Legal Use: You agree not to use any acquired domain name for illegal purposes, including fraud, infringement, or violation of any third-party rights. Any such illegal activity shall constitute a material breach of these Terms, and Domain Observant may immediately terminate the agreement with you.

5. Ownership of Intellectual Property

• Intellectual Property Rights: All intellectual property rights related to the domain names, branding strategies, marketing materials, and other intellectual property provided by Domain Observant remain the exclusive property of Domain Observant until full payment is received. Upon receipt of full payment, ownership of the domain name will be transferred to the Client.
• License to Use: Until full payment is received, Domain Observant grants the Client a non-transferable, non-exclusive license to use the domain name solely for the purpose outlined in the Service Agreement. This license is revocable upon non-payment.
• Use of Marketing Data: Domain Observant retains the right to use anonymized data, including case studies and other publicly available information, for marketing and promotional purposes, in accordance with Article 6(1)(f) of the GDPR, where we have a legitimate interest in promoting our Services.

6. Limitation of Liability

• To the fullest extent permitted by law, Domain Observant’s liability for any claims arising from or relating to the Website or Services shall be limited to the total amount paid by the Client for the specific Service or domain transaction giving rise to the claim.
  • No Indirect or Consequential Damages: Domain Observant shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of business opportunities, or loss of data, even if advised of the possibility of such damages. This limitation applies to all causes of action, whether in contract, tort (including negligence), or otherwise.
  • No Guarantee: Domain Observant makes no guarantees with respect to domain sales, valuations, or digital marketing outcomes. The Client acknowledges that market conditions and domain value can fluctuate and that Domain Observant is not responsible for such fluctuations.

7. Refund Policy for Domain Sales

Once a domain purchase is made and a domain sale is finalized, no refunds will be issued. The Client acknowledges that domain purchases are considered final, and Domain Observant shall not provide any refunds post-transaction.

• Finality of Transactions: This policy is consistent with California Civil Code Section 1738 (Sales of Digital Goods) and industry standards within the domain name industry.

8. Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles.

• Arbitration: Any dispute or claim arising from these Terms or the use of the Website shall be resolved through binding arbitration in Los Angeles County, California, under the rules of the American Arbitration Association (AAA). Arbitration shall be conducted in English, and the arbitrator’s decision shall be binding and enforceable in any court of competent jurisdiction.
• Court Jurisdiction: If arbitration is unavailable or unenforceable, any dispute shall be resolved by the California Superior Court in Los Angeles County, and the parties consent to the exclusive jurisdiction of such courts.

9. Modifications to Terms

Domain Observant reserves the right to modify, amend, or update these Terms at any time. Any changes will be posted on this page with an updated revision date. The Client’s continued use of the Website and Services after such changes have been posted constitutes acceptance of the revised Terms.

10. Contact Information

For any inquiries or concerns regarding these Terms and Conditions, please contact us at:

• Email: Support@DomainObservant.com
• Mailing Address:
  Domain Observant Dotcom
  c/o Healthorough LLC
  PO Box 53498
  San Jose, CA 95153

We are available to respond to your inquiries during regular business hours. Please note that all communications are subject to our Terms of Service and Privacy Policy.

11. Confidentiality

Both parties agree that any confidential information exchanged during the provision of Services, including business strategies, proprietary information, and domain acquisition data, shall remain confidential and shall not be disclosed to third parties without prior written consent, except as required by law. These confidentiality obligations shall survive the termination of the agreement and remain in effect for a period of five (5) years after termination, in accordance with California Civil Code Section 3426 (Trade Secrets).

12. Force Majeure

Neither party shall be liable for any delay or failure in performance caused by events beyond their reasonable control, including but not limited to natural disasters, pandemics, governmental regulations, strikes, or other unforeseen circumstances that disrupt the normal course of business.

• Notice of Force Majeure: The affected party must notify the other party of the force majeure event within five (5) business days and shall resume performance as soon as possible.

13. Severability

Unlock your business’s potential with ONDC! Reach a vast e-commerce audience and build stronger customer connections. Enjoy complete control and informed decision-making as you understand your customers better. Discover the power of ONDC today!

14. Entire Agreement

These Terms, along with any Service Agreements or written agreements entered into between the Client and Domain Observant, constitute the entire agreement between the parties with respect to the subject matter hereof. All prior or contemporaneous agreements, oral or written, are superseded by these Terms.

15. Assignment

The Client may not assign or transfer its rights or obligations under these Terms without prior written consent from Domain Observant. Domain Observant may assign its rights and obligations to any successor entity, including in the event of a merger or acquisition, in accordance with California Corporations Code.

16. Non-Waiver

The failure of Domain Observant to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any provision must be in writing and signed by an authorized representative of Domain Observant.

17. Indemnification

You agree to indemnify, defend, and hold harmless Domain Observant, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Website or breach of these Terms.

18. Intellectual Property Protection

You agree to respect and protect Domain Observant’s intellectual property, including trademarks, service marks, domain names, logos, and proprietary content, which are protected under California Trademark Law and the Lanham Act (15 U.S.C. § 1051 et seq.). Any unauthorized use of such intellectual property shall be subject to legal action.

19. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the exclusive jurisdiction and venue of such courts.

20. Compliance with Export Laws

You agree to comply with all applicable export control laws and regulations, including the U.S. Department of Commerce regulations, the Office of Foreign Assets Control (OFAC) regulations, and International Traffic in Arms Regulations (ITAR), and you will not use the Website or Services in violation of any export laws.