Terms of Service

Welcome to Nominent. As a small .com name boutique, Nominent is neither a domain registrar nor an escrow service. Nominent uses the services of Third Parties (e.g. Porkbun and Escrow.com) to complete its domain transaction processes. These Terms of Service (this “Agreement”) are entered into between you and Nominent, and this Agreement governs your access to and use of www.nominent.com (the “Website”) as well as any and all content, functionality and services offered on or through the Website (collectively, the “Service”). By accessing Nominent’s Service, you (the Purchaser) agree to the terms and conditions contained in this Agreement, in addition to any and all relevant Third Party terms, conditions, and policies. By accessing or using the Service, you represent, warrant and covenant: (i) You are of legal age to enter into this Agreement; (ii) you have the legal power and authority to enter this Agreement on behalf of yourself or the person or entity you represent; (iii) you agree to be bound by this Agreement, and all Nominent policies and guidelines referenced in this Agreement or incorporated into this Agreement by reference; and (iv) you will not abuse or misuse the Service or misrepresent your identity to us.

 

Third Party Purchases

1. In the event that you are buying a domain name on behalf of a third party, you agree to obtain each of your clients' acceptances to the then current version of this Agreement, and to relevant terms, conditions, and policies of any associated Third Parties, and to retain evidence of their acceptance for a period of not less than three (3) years. Should you require that your customers accept additional terms and conditions that are not required by Nominent, you agree that such additional terms and conditions shall not conflict with this Agreement.

 

Domain Sales

2. By purchasing a Nominent domain via a Third Party (e.g. Porkbun or Escrow.com), you agree to the domain list price and any associated fees. All prices are listed in USD.

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3. NOMINENT keeps its prices competitive and transparent by using an Intrinsic Value Breakdown with each listing. In fairness to other customers, list prices are non-negotiable. However, if you see a pricing calculation error, it is your responsibility to notify Nominent of any calculation errors prior to making a purchase.

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4. All domain names listed on Nominent are owned by Nominent. When you purchase a domain name from Nominent and submit payment through any of Nominent’s Third Party payment providers you will be making payment for the domain name. This includes the exclusive right to use that domain name for as long as you keep the domain name registered and in good standing with your registrar. No hosting, web content, or any other rights will be transferred with the domain.

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5. Upon successful purchase and verification of such a purchase, the domain name will be transferred to your registrar account. You may keep the domain registered at its current registrar or, if permitted, you will be allowed to transfer the domain to another registrar of your choosing. It will be your sole responsibility to ensure your domain is properly registered and that your registration remains in good standing. You will be required to pay annual renewal fees directly to your domain name registrar. Registration fees vary by registrar, are usually between $10 and $20 USD per year, and it will be your sole responsibility as the new owner of the domain to keep the registration current.

 

Purchaser Due Diligence

6. You are responsible for completing all necessary due diligence before purchasing a domain. Due diligence involves confirming that the domain name satisfies all of your business and legal requirements, including but not limited to trademark potential, availability of name in local, state, provincial or national registries, and digital handle and username availability. Nominent is not responsible for determining whether the domain name(s) infringes upon the legal rights of others. It is your sole responsibility as the purchaser to research whether the purchase and use of a domain will infringe upon the legal rights of other entities and individuals. It is your responsibility to seek legal counsel to satisfy your domain name requirements before purchase of the domain.

 

7. Some of Nominent’s domain names are slight variations on real words. It is your sole responsibility to make sure that the domain name you are purchasing is indeed the domain name you want to purchase. Once a domain name purchase is processed through a Third Party, Nominent cannot recover the transaction fees charged by the Third Party. If you purchase a domain name in error, Nominent can offer an 80% refund if requested within 15 calendar days (360 hours). See the Partial Refund Policy below for more information.  

 

Buying with Escrow.com

8. When a purchaser decides to buy a domain using Escrow.com, Nominent will receive an email indicating your intent to buy the domain. Once Nominent sends you a request to purchase through Escrow.com you’ll have seven calendar days (168 hours) to complete the transaction. During this time, we’ll remove your requested domain from Porkbun’s site to prevent another person from buying it while we proceed with the transaction. However, there is still a small risk that before Nominent can attend to your request to buy the domain name, someone else may purchase the domain name instantly on Porkbun. If that should happen, Nominent cannot recover the domain, even if you submitted your request to purchase the domain before it was purchased by another party. If time is of the essence, please consider making your purchase on Porkbun. 

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9. Once Nominent sends you a request to purchase through Escrow.com, you’ll have seven calendar days (168 hours) to complete the transaction. During this time, we’ll remove your requested domain from Porkbun’s site so that no one else can buy it while we proceed with the transaction. If you are not able to purchase your domain in the given time period, the domain will be listed for sale again on Porkbun. You are responsible for regularly monitoring the email account you have provided to ensure you are made aware of all deadlines.

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10. You are responsible for any additional fees incurred to move their purchased domain to a new registrar (e.g. annual fees).

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11. In using Escrow.com, the Purchaser agrees to all of Escrow.com’s terms, conditions, and policies.

 

12. It is your sole responsibility to keep records and to maintain reminders regarding the expiration of your domain registration with your domain registrar.

 

Buying with Porkbun

13. When buying on Porkbun, the domain transaction is instant and the domain will appear in your Porkbun account immediately. If the Purchaser wishes to move the domain to another registrar, you are responsible for all other costs in doing so (e.g. annual registrar fees). Please note that when you purchase a domain on Porkbun there is a standard 60 day transfer lock. If you wish to transfer your domain to another registrar, you will need to wait 60 days.

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14. By using Porkbun, the Purchaser agrees to all of Porkbun’s terms, conditions, and policies.

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15. It is the Purchaser’s sole responsibility to keep records and to maintain reminders regarding the expiration of their domain registration with their domain registrar.

 

Partial Refund Policy

16. If you choose to buy a Nominent domain name, you have up to 15 calendar days (360 hours) to request an 80% refund. That’s the purchase price of your domain, less Third Party transfer fees and Nominent’s 6.9% administration fee. Here’s an example of what those transactions look like with a $2,000 purchase price:

 

PURCHASE: 

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Step 1.  You pay $2,000 through Porkbun or Escrow.com to purchase your domain.

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Step 2.  Porkbun, or Escrow.com, receives 7%, or $140, in transaction fees.

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Step 3.  NOMINENT receives $1,860 ($2,000 minus the $140 transfer fees) for the sale.

 

REFUND & PARTIAL REFUND:

 

Step 4.  You request a partial refund within 15 calendar days (360 hours) of purchase. 

 

Step 5.  NOMINENT charges 6.9% of the original price as an administration fee. In this            example the fee would be $138.

 

Step 6. You list your domain on Porkbun or Escrow.com for $1,722 ($1,860 minus $138).

 

Step 7.  NOMINENT purchases the domain back for $1,722.

 

Step 8.  Porkbun, or Escrow.com, receives 7%, or $120.54, in transaction fees.

 

Step 9. You receive $1,601.46 ($1,722 minus the $120.54 transfer fees) for the partial refund. $1,601.46, is 80% of the original sale price of $2,000, thus our 80% partial refund rate.

 

17. The partial refund period of 15 calendar days (360 hours) cannot be extended under any circumstances. When the exchange period has ended the sale becomes final. If you are unsure about purchasing a domain, please consider requesting a Domain Hold instead (see next section). 

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18. It is your sole responsibility to keep records and to maintain reminders regarding the 15 calendar day (360 hour) return period. Nominent does not send reminders to purchasers regarding their return periods.

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19. Once you have requested a partial domain refund, the refund transaction must be completed within 7 calendar days (168 hours). If the transaction is not completed within that time, and the 15 calendar day (360 hour) exchange period has also ended, the sale becomes final. 

 

Domain Holding Policy

20. NOMINENT can place a hold on a domain for set periods of time. Holding fees are as follows:

 

30 day (720 hour) hold - $199

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60 day (1,440 hour) hold - $299

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21. Holds will not begin until holding payment is received and the hold can be processed.

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22. Holding fees are not refundable, no exceptions. However, if you decide to purchase the domain before the end of your holding period, Nominent will discount any already paid holding fees from the purchase price.

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23. If a domain name is purchased instantly online before the domain hold can be processed, Nominent cannot reverse the purchase of a domain, even if the hold was requested before the domain was purchased. Purchasing a domain instantly on Porkbun is the most reliable way to secure a domain quickly. Nominent is not responsible for loss of domains that are purchased instantly. Nominent will refund your holding fee should a domain be purchased instantly after a holding payment has been made, but before Nominent can administer the domain hold.

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24. Domain holds may be renewed up to a maximum total holding time of 180 days (4,320 hours). After the maximum total holding time is reached, domains will automatically be listed for sale again unless Nominent receives a request to purchase the domain before the domain hold ends.

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25. It is your sole responsibility to keep records and to maintain reminders regarding 30 calendar days (720 hours) or 60 day (1,440 hour) hold periods. As a convenience to you, and not as a binding commitment, Nominent may notify you via an email message when a hold period is soon ending. If for any reason you do not complete a domain hold renewal or a domain purchase before the end of the hold period, the domain will be listed for sale again upon expiry of the hold.

 

Privacy & Security

26. In order to issue receipts and send its newsletter, Nominent collects the following information: first name, last name, and email address. Nominent uses Mailchimp, Gmail, and Wix to save newsletter contacts, send newsletters, and issue receipts. By entering into this Agreement you agree to the storage of your data for these purposes with these providers. Please refer to the privacy policies of each provider for more information: Mailchimp Security Page, Gmail Privacy and Terms, and Wix Privacy and Security Hub. 

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27. Nominent saves your data for only as long as needed (i.e. 6 years for tax purposes in the case of receipts, or until you no longer want to receive our newsletter), after which time your data will be deleted.

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28. NOMINENT uses Porkbun and Escrow.com as Third Parties to complete its domain transaction processes. Please consult the Porkbun Policies and Legal Page and the Ecrow.com’s Privacy and Security pages for more information on their policies. By entering into this Agreement you also agree to the policies and agreements of any Third Party used to fulfill these Services.

 

29. Nominent will take reasonable precautions to protect the information obtained from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information. If Nominent takes reasonable precautions in relation thereto, in no event shall Nominent be liable if such reasonable precautions do not prevent the unauthorized use or misuse of your data and, even if Nominent fails to take reasonable precautions, our liability under any circumstances shall be limited by the limitation of liability described in this Agreement.

 

Limitation of Liability

30. You acknowledge that Nominent and its Third Party providers have made no warranties that the Services will be error free. You acknowledge and agree that Nominent and its Third Party providers have not made and will not make any express or implied warranties in relation to the Services or any other goods or services provided by Nominent under this Agreement.

 

31. You expressly understand and agree that Nominent and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages; this includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nominent has been advised of the possibility of such damages), resulting from (i) the use of Services or the inability to use Services, (ii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into through these Services, (iii) unauthorized access to or alteration of your data transmissions, (iv) errors, omissions or misstatements in any information or services provided under this agreement, (v) statements by any third party or conduct of any third party using services, or (vi) any other matter relating to services, regardless of the form of action whether in contract, tort (including negligence), or otherwise. In no event shall Nominent’s maximum aggregate liability exceed the total amount paid by you for the services, but in no event greater than five hundred dollars ($500.00). In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

 

32. Nominent’s services are provided to you the Purchaser “as is.” Nominent makes no representations or warranties of any kind whatsoever, express or implied, in connection with this Agreement or the services, including but not limited to warranties of merchantability or fitness for a particular purpose. Without limiting the foregoing, Nominent makes no representations or warranties that use of a domain name purchased under this Agreement will immunize you from future legal or business related challenges involving your domain name including but not limited to trademark, copyright, intellectual property, or other naming, legal, or business challenges.

 

33. You agree that Nominent and its third party providers will not be liable or responsible for any failure in, or delay to, the provision of the Services or in Nominent complying with its obligations under this Agreement, including where such failure or delay has a arisen as a direct or indirect result of fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike; denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;  a significant demand is placed on Nominent's services, or the services of a Third Party, which is above the usual level of demand and which results in an inability to fulfill any service obligations; the failure of any third party to fulfil any obligations; or any other circumstances or event similar to the above which are beyond the reasonable control of Nominent.

 

Indemnification

34. You agree to defend, indemnify and hold harmless Nominent and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, third parties, and co-branders, from and against any and all liabilities and expense whatsoever, including, without limitation claims, demands, losses, costs, expenses or damages, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this website or Service, your violation of these Terms of Service, or any other violation by you of the rights of another person or party. You shall defend Nominent in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Nominent owners, officers, employees, and representatives shall not be held personally responsible or liable for any actions or representations of Nominent.

 

Changes to this Agreement

35. Nominent may change this Agreement as deemed necessary from time to time, or as may be required by law. Any changes will be immediately posted to this website and you will be deemed to have accepted the Terms of Service on your first use of the site following the changes. We recommend that you check this page regularly to keep up-to-date. You will be deemed to have agreed to such amendments by making use of Nominent’s Service after the amendment date.
 

 

Force Majeure

36. Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state, provincial, municipal, and local governments having or claiming jurisdiction over Nominent, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, provincial, municipal, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Nominent may immediately terminate this Agreement.

 

Intellectual Property

37. You acknowledge that Nominent is the owner of all Intellectual Property Rights on our Website.

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38. You shall not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any Content found on our Website in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder. Unless you are otherwise lawfully entitled to do so, you shall not use any content found on our Website on any other site, in a networked computer environment, or in any medium, for any purpose except your own internal viewing. You agree that you will not attempt to reverse engineer or attempt to interfere with the operation of any part of the Site unless expressly permitted by law.

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39. You shall not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose our Website, Service, or any portion thereof that is not expressly permitted by Nominent, in writing.

 

Reservation of Rights

40. The site editor reserves all of the site editor's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have in respect of this website, its content, and goods and services that may be provided. The use of the site editor's rights and property requires the site editor's prior written consent. By making services available to you, the site editor is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this website or provided services without the site editor's prior written consent.

 

Applicable law

41. You agree that these Terms of Service and any dispute arising out of your use of this website or products or services provided will be governed by and construed in accordance with local laws applicable at Nominent's domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By using this website and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over Nominent's domicile, and that any disputes will be heard by the said courts.

 

Miscellaneous information

42. You may find on the Website links to other websites for your convenience. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites, or their content, advertising, or products. The inclusion of any link on the website does not imply that we endorse the linked website. You use the links at your own risk and expressly relieve us from any and all liability arising from your use of any third-party website or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Nominent will not be liable for your improper use of third-party materials and websites.

 

43. (i) In the event that any provision of these Terms of Service is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of Service will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this Website or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

 

Informal Dispute Resolution

44. In the event you have any dispute with us related to the Site, Services, and/or these Terms, you shall first try in good faith to settle such dispute by providing written notice to us describing the facts of the dispute (including any relevant documentation) and allowing us sixty (60) days to respond before initiating any formal dispute resolution proceeding. Notices to us must be sent by email to hello@nominent.com. Nominent will send any dispute related notice to you at the contact information we have for you. If for some reason the dispute is not resolved satisfactorily within sixty (60) days after receipt, any further dispute resolution will occur according to the provisions below. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding, such as an arbitration or small claims court proceeding.

 

Arbitration Agreement & Waiver of Certain Rights

45. Except as set forth below, you and we agree that we will resolve any controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a “Claim”) through binding and final arbitration, instead of through court proceedings, in accordance with the International Centre for Dispute Resolution Canada (ICDR Canada).  This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms.  ICDR Canada is available at https://www.icdr.org/icdrcanada.  You and Nominent hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and Nominent agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by provincial law.  The Arbitrator, and not any federal, state, provincial, local, or municipal court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, validity, applicability, enforceability, or formation of this agreement including, but not limited to, a claim that all or any part of this agreement is void or voidable. Each party will be responsible for paying any filing, administrative, and arbitrator fees. Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action.

 

46. You agree that any arbitration or proceeding shall be limited to the Dispute between Nominent and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.