Version: 25.09.2026
The use of ELITEDOMAINS is governed by the General Terms and Conditions in their valid version of 25 September 2026.
All services of ELITEDOMAINS GmbH – hereinafter also referred to as ELITEDOMAINS, provider, marketplace or trustee – are provided exclusively on the basis of these General Terms and Conditions, the information on the ELITEDOMAINS websites and additional contractual terms of third parties referred to herein. The following terms of ELITEDOMAINS, which can always be viewed online, explicitly apply at all times:
The General Terms and Conditions at https://elitedomains.de/en/terms
The currently valid price list at https://elitedomains.de/en/prices
The cancellation policy at https://elitedomains.de/en/cancellation-policy
The privacy policy at https://elitedomains.de/en/privacy-policy
In addition, the following terms of external partners as third parties always apply where their respective services are used. These terms are also referred to in the relevant sections of these GTC:
DENIC domain guidelines – https://www.denic.de/domains/de-domains/domainrichtlinien/
DENIC domain terms and conditions – https://www.denic.de/domains/de-domains/domainbedingungen/
DENIC price list – https://www.denic.de/preisliste/
GTC of Sedo GmbH – https://sedo.com/de/ueber-uns/policies-gmbh/agb/
Terms and conditions of the customer and individual agreements only apply insofar as they have been expressly agreed to in writing.
ELITEDOMAINS is entitled at any time to change any part of these General Terms and Conditions or the price list. The customer will be notified of the change by email. The customer may object to the change within 14 days of notification. If the customer objects, ELITEDOMAINS may decide to terminate the contract with 14 days' notice immediately or, alternatively, at the next possible termination date, or to continue it under the old terms. If the customer does not object, the new amended terms are deemed accepted and become an effective part of the contract.
The customer is obliged to read these terms and conditions and the contract annexes relevant to the customer. The current terms and conditions are available online.
The customer undertakes to keep complete and correct contact details stored in their user account at all times. ELITEDOMAINS is entitled at any time to check the stored data or to request proof and to block the account if data is found to be incorrect or incomplete.
The customer agrees that ELITEDOMAINS sends important notifications by email. The email address stored in the user account must therefore always be kept up to date and checked regularly. ELITEDOMAINS is not responsible if the customer does not take note of a notification sent to this email address.
By placing orders with ELITEDOMAINS, the customer declares that they are authorised to place binding orders in their own name or as a duly authorised representative of their company or organisation, and that they agree to these terms and conditions in all parts.
If a customer places orders for third parties or in the name of third parties, they remain the sole contractual partner of ELITEDOMAINS. These terms and conditions also apply to the third party; to this extent, the customer will oblige the third party to corresponding duties and conduct and pass these terms on to the third party in a binding manner.
The ELITEDOMAINS website constitutes a non-binding invitation to the customer to submit an offer. A contract is concluded when ELITEDOMAINS expressly confirms acceptance in electronic form. Merely using the website or confirming receipt of an offer generally does not establish a contractual relationship.
The customer is obliged to check the order confirmation created by ELITEDOMAINS online and to point out any errors or discrepancies.
Should the order only be partially executable, the customer also accepts partial deliveries. The subject matter of the contract, the scope of services and their description result from the respective individual contracts.
The customer agrees that performance of the service begins immediately after the contract is concluded. When placing service orders relating to domains, the customer expressly agrees that the order is executed immediately when it is placed.
The right of withdrawal and return for distance contracts is excluded for contracts for the delivery of goods that are made to the customer's specifications or are clearly tailored to personal needs, and for services where the contract has been fully performed by both parties immediately at the customer's request or whose value has already been received by the customer. The right of withdrawal and return is therefore also expressly excluded for customers who are not consumers. Otherwise, we refer to our cancellation policy.
The prices for services and for brokered services of third parties are non-binding and subject to change, are published on the website at https://elitedomains.de/en/prices and may be changed at any time. Prices are staggered according to customer group and the size of the domain portfolio.
Individual price agreements are possible and are stored in the customer account once agreed. Only the prices and taxes valid on the day the contract is concluded or renewed apply.
Additional information on data protection can also be found in our privacy policy.
Performing the service requires the collection, processing and use of the customer's personal data. This is done within the framework of the statutory data protection provisions.
The provider points out (pursuant to Section 33 of the German Federal Data Protection Act, BDSG) that, in the course of performing the contract, personal data may also be stored and passed on to third parties involved in performing the contract. This also includes entering the data into freely accessible databases, e.g. so-called "Whois" databases. The domain holder consents to this storage and processing of the data by the provider and by third parties involved in performing the contract. Further information can be found in the provider's privacy policy.
The provider is entitled to process and use customer data for advice and to adapt the offer to customers' needs.
The provider is entitled to permanently store the data required for billing within the framework of the statutory requirements.
The provider is entitled to pass on the data in response to police or official requests. The same applies to legitimate interested parties in the case of credibly demonstrated infringements of rights.
The customer has the right to obtain information about the data stored about them free of charge at any time.
The customer agrees that the provider sends email newsletters to the customer's address for information and marketing purposes.
The customer undertakes to indemnify the provider internally against all possible claims by third parties based on unlawful or infringing content or actions of the customer. This applies in particular to infringements of copyright, trademark, name, data protection and competition law.
The customer is further obliged to compensate the provider for all damage resulting from such an infringement, insofar as the customer is responsible for it. The compensation also covers the reasonable costs of any necessary legal defence of the provider.
ELITEDOMAINS is willing to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the Universalschlichtungsstelle des Bundes, Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de.
The right of withdrawal and return for distance contracts (Section 312d BGB) is excluded for contracts for the delivery of goods that are made to the customer's specifications or are clearly tailored to personal needs, and for services whose performance was started immediately at the customer's request or whose value has already been received by the customer.
The customer agrees that ELITEDOMAINS begins performing the service immediately after the contract is concluded. Such an individually tailored service is the case in particular when registering domains specified individually by the customer. Otherwise, we refer to our cancellation policy.
This agreement governs the rights and obligations between ELITEDOMAINS ("provider" or "registrar") and the domain holder or their representative or authorised agent ("customer") with regard to domains registered and managed through the provider by domain holders or on their behalf.
The customer is aware that the provider manages domains as an official registrar accredited with DENIC eG ("DENIC"). When providing and/or managing domains, the provider acts merely as an intermediary between the customer and the bodies entrusted with managing the central databases ("registries"). It has no influence on whether the domains requested for the customer can be allocated and/or are free of third-party rights. The provider assumes no guarantee or liability for this.
For the management of .de domains, domain holders have a separate contract with DENIC as the registry. This so-called domain contract comprises the DENIC domain guidelines and the DENIC domain terms and conditions, which, according to DENIC's statutes, automatically become part of the customer relationship. If the domain contract with DENIC remains in place but the provider contract is terminated by one of the contracting parties, the DENIC price list always applies in case of doubt to the independent contractual relationship between DENIC and the domain holder under the domain contract. There is therefore always a provider contract between the customer and ELITEDOMAINS and, at the same time, always a domain contract between the domain holder and DENIC.
The various top-level domains are managed by a large number of different national or private-law organisations ("registries"). Each registry has established its own terms for the registration and use of domains and, where applicable, for the procedure in domain disputes. The provider is obliged to pass these registration terms and dispute resolution rules on to its customers. By submitting a domain registration or domain transfer order, the customer declares that they are aware of the currently valid registration terms and registration agreements of the respective responsible registries and accepts them as an essential part of this agreement.
The customer further acknowledges that the registration terms of the responsible registries may change from time to time, and undertakes to inform themselves independently and either to accept these changes or to delete the domains concerned. The provider will regularly point out significant changes in its newsletters and provide an up-to-date link to the respective terms on its website.
The customer acknowledges that the registration of a domain may be cancelled at any time due to violations of the guidelines of the responsible registry or of the provider. In particular, the customer agrees to the cancellation, deletion or transfer of the domain in accordance with a provision or registration term of the responsible registry or in accordance with a measure of the provider or the registry, provided that it is carried out by the provider or the registry operator (a) to correct an error in the registration or transfer, (b) to resolve disputes concerning the registered domain or (c) due to a violation of the registration terms, and this action does not violate the rules of the registry.
The provider is entitled to amend this registration agreement at any time. The provider undertakes to notify the customer of the change by email, unless this involves unreasonable effort. The customer may object to the change within 14 days of the notification being sent. If the customer objects, the provider may decide to discontinue the management of the domain registered for the customer with 14 days' notice immediately or, alternatively, at the next possible termination date, or to continue it under the old terms. If the customer does not object, the new amended terms are deemed accepted and become an effective part of the contract.
If a customer registers a domain for third parties or on their behalf, they must ensure before ordering that the third party knows and accepts all relevant provisions and registration terms, in particular this registration agreement.
Customers acting as resellers or intermediaries ("resellers") are obliged to pass these terms on to the end customer/domain holder in full and in a binding manner and to document their consent with suitable evidence. The customer is likewise obliged to inform the domain holder about the provider's messages, the end of the term of their domains and any costs incurred. The codes of conduct of the registries that apply to the provider apply accordingly to the customer acting as a reseller.
Before terminating the domain or changing the holder data, the legitimacy of the termination or change vis-à-vis the third party must be ensured. Transfer requests from the third party and requests for authorisation codes must be handled in accordance with the transfer terms of the registry concerned.
The customer undertakes to keep suitable evidence and necessary documents as proof and, on request, to prove the legitimacy of the actions taken for the third party by submitting these documents to the provider.
If a domain holder registers a domain through third parties, agents or sales partners, they agree that the acts and omissions of these parties are attributed to them. The domain holder expressly authorises these parties to carry out administrative acts on their behalf with regard to domains registered with the provider.
Both the provider and customers commissioned by third parties are deemed to be designated representatives of the domain holder with regard to the management of the domain vis-à-vis the registries and other parties involved in the registration process.
In the event that the provider cannot maintain the registration of a customer's domain or its accreditation with the registry in accordance with the provisions of the respective registry, the provider is entitled to terminate the contract with the customer for these services extraordinarily with 14 days' notice to the end of the month. As the designated representative vis-à-vis the registries, the provider is entitled at any time to carry out measures such as transfers or changes of holder data insofar as these appear necessary for the management of a domain.
A distinction is made between the customer groups webmaster and domainer, which differ with regard to the billing mode and the term of their provider contracts. A webmaster is generally billed annually and a domainer monthly. Billing domains for the domainer customer group is therefore a special case, as the entire domain portfolio is billed at the end of each month at a monthly price as an ongoing maintenance fee. For the domainer customer group, registrations additionally incur a one-off amount on the day of registration.
The term of the service depends on the billing periods specified in the individual contracts. Unless otherwise agreed or stated in the service description, a standard term of 12 months applies to all services and provider contracts for domains (annual contracts).
Contracts with a term of at least 12 months are automatically extended by a further 12 months each time. The day of renewal is a renewal day for a further period. Contracts with a term of less than 12 months are extended by their respective minimum term if they have not been terminated by the expiry date.
Services provided free of charge may be discontinued or made subject to a charge at any time, provided the customer is granted a special right of termination. In these cases, all rights and obligations of the customer relating to the service expire.
Both parties may terminate the contract for good cause. Good cause exists for ELITEDOMAINS in particular if the customer:
is in default of payment of the fees in an amount equal to one monthly fee in the case of contracts with an agreed minimum term or concluded for a fixed period,
is in default of payment of the fees for more than 28 calendar days in the case of contracts concluded for an indefinite period,
culpably violates obligations under the contract or these terms and conditions,
obviously violates laws in using the respective service,
despite a warning, fails to modify their use of the service within a reasonable period so that it meets the requirements set out in the GTC, or
culpably or negligently violates the contractual terms or the allocation guidelines of the registries (where applicable).
The customer will not be explicitly reminded of their payment obligation before the end of the contract term. Every customer can automatically terminate the provider contract for any domain at the end of the term and let the contractual relationship expire (auto-expire function). In addition, the customer can terminate domains with immediate effect at any time and have them deleted at the registry immediately and without delay (instant delete function). In this case, however, any claim to terms already paid in advance for this domain is forfeited.
If the customer has not terminated the contract or has not done so in time, has chosen credit card or direct debit as the payment method and has stored current and working payment details, the amount is automatically collected on the 1st day of the following month for the month in which the service was provided, and the contract is extended accordingly. The same applies if the customer has sufficient credit in their customer account.
In the event of early termination of a service, there is no pro-rata refund of the consideration paid for the remaining term, unless the termination was caused by ELITEDOMAINS intentionally or through gross negligence without legal grounds. This also applies to other services or additionally booked options, as well as to termination for good cause and termination due to binding decisions in domain disputes.
Declarations of withdrawal and termination must be made in writing, and contracts must be concluded in text form; email is also deemed to satisfy this requirement.
As part of the registration, the customer is obliged to provide the following information and data of the domain holder for the purpose of forwarding it to the registry and, where applicable, publishing it in the public Whois of the registered domain. By entering and changing this data in the web interface, the customer warrants that the information is correct, complete and up to date. This applies in particular to:
current and complete details of the first name and surname or the name of the legal entity, postal address and email address of the domain holder;
in the master data, current and complete details of the first name and surname, postal address, email address and telephone number of the invoice recipient.
if the customer wishes to use external name servers, the IP addresses of these domain name servers (primary and secondary server) and the names of these servers;
for .de domains, the customer can optionally specify the contacts "General Request" for general enquiries and "Abuse Contact" for legal enquiries. For this purpose, they can store one email address or one URL for each domain. If nothing is stored for these contacts, any enquiries are automatically and anonymously forwarded to the stored customer email address.
The required information and data may differ depending on the domain extension. Where further data is required, it must be provided in the registration process or supplied subsequently at the provider's request.
The information and data must be updated as necessary, and incomplete data must be completed. The customer acknowledges that providing false, outdated or incomplete data may lead to the immediate loss of the rights arising from the service without reimbursement of costs. This also applies if the customer does not comply within the set deadline with a request from the provider to correct data or to prove its accuracy.
A change of the holder data of a domain may result in a temporary lock against transfer requests for the domains concerned. The provider is entitled, but not obliged, to offer the domain holder an opt-out from this rule.
When providing personal data of third parties, the customer confirms that they have informed the third party about the disclosure and use of the data and that the third party has expressly consented to this disclosure and use.
The contractual terms of the respective providers apply to the use of services offered to protect private data. The same applies to trustee services that provide a local contact address.
By commissioning the provider to arrange the registration and/or take over the management of a domain ("transfer"), the customer authorises the provider to carry out all entries and changes that the customer makes online through the provider (such as DNS updates, Whois updates or other domain configurations) directly and in real time in the customer's name at the respective registry. The provider is entitled to reverse unjustified operations.
New registrations and transfers are subject to the prices valid at the time of registration or change of provider. The customer acknowledges that these prices may change at short notice at any time and agrees to check the currently applicable price before each order. Where possible, the provider will inform the customer of changes to the applicable fees by newsletter. The provider is entitled to cancel orders if registries change their prices between the order date and the execution date.
The webmaster customer group always pays and is billed annually in advance. However, the usage fees in the first year relate exclusively to the registration or change of provider as a service. Here, the fee is used up entirely by the registration or change of provider. In return, maintenance for the first year is completely free of charge, which means that the prices are identical to those of the following years.
The customer guarantees that the domain name of the registration they have applied for and the intended use of the domain do not infringe the rights of third parties, that no other legal or factual obstacles stand in the way of the registration, that the chosen name does not violate public decency, that the registration order is placed in knowledge and in compliance with the guidelines of the responsible registries and that they are authorised to carry out this operation. The provider has no obligation to check this. The provider is entitled to reject a registration order or transfer of a domain without giving reasons.
The customer acknowledges that registries generally register domain names on a "first come, first served" basis. The provider therefore does not guarantee the successful allocation of ordered domain names and is released from its obligation to perform if execution of the order is impossible. If several orders are received for one domain name, the provider itself is not bound by the "first come, first served" principle.
For first-time applications for the provision of domain names and for transfers of domain names from another provider, the contract term may be one to ten years, depending on the domain name.
By applying for a domain transfer from another provider to the provider, the customer confirms that they are entitled to dispose of the domain name accordingly. After the transfer has been completed, the domain holder is obliged to check the accuracy of the data entered in the domain's Whois and to correct it where necessary. The provider is entitled to reverse domain transfers if an earlier transfer of the domain name took place without the consent of the domain holder or if the domain holder unlawfully lost it.
By applying for a transfer of a domain name to a third party ("change of holder"), the customer confirms that the third party has expressly agreed to the change of holder and to this agreement, and provides proof of this with suitable documents on request. Otherwise, the provider is entitled to reverse changes of holder or not to carry them out.
Insofar as domain names are registered in multilingual scripts or under newly introduced top-level domains, the provider expressly points out that the registrations are not under its control and that use may be permanently interrupted and/or changed without prior notice. The customer assumes all risks that interruptions and/or changes may impair or prevent the use and/or planned use of one or more domain names, or that certain applications are not, or not immediately, compatible with these domain names. The customer acknowledges that such domain names may not function in the same way as conventional domain names. The customer is also aware that, under certain circumstances, a domain name cannot be used without restriction or does not have to work for every use due to necessary technical innovations.
The customer expressly agrees that the provider begins performing the service immediately. The registration, transfer and renewal of a domain name are, moreover, services tailored specifically to the customer according to their specifications. The right of withdrawal and return for distance contracts (Section 312d BGB) is therefore excluded.
Depending on the domain name, registrations can be renewed for one to ten years, provided that the maximum possible term is not exceeded.
A contract for the registration and management of a domain name is automatically extended by 12 months at the end of the term – unless otherwise agreed – if it is not terminated with three months' notice to the respective expiry date.
Renewals are subject to the prices valid at the time of renewal. The customer acknowledges that renewal fees and transfer fees may change at short notice at any time and agrees to check the currently applicable price before each order and each automated renewal set up in the account. Where possible, the provider will inform the customer of changes to the applicable fees by newsletter. The provider is entitled to cancel orders if registries change their prices between the order date and the execution date.
In accordance with the provisions of the registry concerned, the customer will be reminded of their payment obligation before the renewal fee becomes due. If the customer has not terminated the contract or has not done so in time, has chosen credit card or direct debit as the payment method and has stored current payment details, the amount is automatically collected ten days before the end of the term and the registration contract is automatically extended accordingly. The customer is responsible for ensuring that the fees due are received in time and that the chosen payment method works.
If the fee for renewing a registered domain name is not received three days before the end of the contract term, the customer loses their rights to the domain name. The same applies in the event of a chargeback of the payment for a domain name or if the chosen payment method does not work.
If a customer terminates a domain name, does not renew the registration despite a reminder, or if a renewal fee due is not paid or not paid in time, the provider is entitled, at its own discretion, to deactivate this domain name or change its DNS entries ("deactivation"), to disconnect the domain ("disconnection"), to return it to the registry for deletion or management there ("deletion"), or to sell it, auction it, transfer it to third parties or take it into its own portfolio ("exploitation"), whereby the provider will begin exploitation no earlier than 14 days after the end of the term. The customer agrees that the termination or non-renewal of the domain name or non-payment of the renewal fee due constitutes their consent to the actions described above and, where necessary for carrying them out, to a renewal, unless the customer expressly objects before the end of the term or a different agreement exists.
In the event of exploitation of a domain name, the provider may decide at its own discretion to pay out part of the net proceeds from the exploitation to the customer. This share is credited to the customer account. For the purposes of this section, "net proceeds" means the total fees received by the provider from another party or a third-party provider as a result of the further exploitation, less the associated costs incurred by the provider. The customer agrees that there is no legal entitlement to a specific share of the net proceeds. Likewise, the provider gives no guarantee that further exploitation will generate net proceeds.
Without prejudice to the provisions here and in the General Terms and Conditions, both parties may terminate the contract for good cause. Good cause exists for the provider in particular if:
the customer is in default of payment of the fees in an amount equal to one monthly fee in the case of contracts with an agreed minimum term or concluded for a fixed period;
the customer is in default of payment of the fees for more than 20 calendar days in the case of contracts concluded for an indefinite period;
the customer culpably violates obligations under the contract, the registration guidelines of the registries or these registration terms, in particular by providing false registration data;
the customer, with the content accessible under the domain or with the domain itself, obviously violates laws, standards or public decency or, despite a warning, fails to modify the content within a reasonable period so that it meets the requirements set out here;
the customer culpably violates applicable allocation terms or allocation guidelines; or
the provider's accreditation for a top-level domain under which the domain name is registered ends and the provider cannot guarantee the continuation of the registration on the same terms, or if the responsible registry ceases operation of a top-level domain. In these cases, all rights of the customer expire.
The customer is entitled to transfer their domain name to another provider at any time. The provider is entitled to reject such a transfer if the grounds for rejection specified by the registries apply. Likewise, a transfer within 60 days after registration, a change of holder or a transfer to the provider is excluded, unless the registry expressly permits such a transaction.
Insofar as and for as long as a registry allows the restoration ("restore") of domain names in individual TLDs that have already been deleted or returned to the registry, and the provider also offers this service in the respective TLD, this service is provided without obligation and without a guarantee of successful restoration on behalf of the registered domain holder. The prices for this, which may not include renewal fees that may also be incurred, are shown in the price list. A restoration can only be carried out if there is sufficient credit in the customer account. A restoration order can also only be processed if it is received in good time before final deletion by the registry. Should a restoration order not be executable, the corresponding fee will be refunded to the customer's account.
Insofar as the provider offers the reactivation of a deactivated domain name before exploitation, the customer agrees, when placing such orders, to pay the reactivation fee due plus the renewal costs.
The customer acknowledges that domain disputes are to be clarified and settled in accordance with the dispute resolution rules laid down by the responsible registries. The relevant rules are published on the websites of the respective registries. The customer will inform themselves about the applicable dispute resolution terms before placing a registration order. The language of the dispute resolution rules may differ from the contract language and may be written in the national language of the registry.
The customer acknowledges that the provider, as an accredited provider, is obliged to comply with an arbitration decision based on the dispute resolution rules and that this may lead to the blocking, deletion or transfer of the domain to a third party, unless the customer proves to the provider within ten days of receipt of the arbitration decision that they have filed an action against the decision before a competent court against the opponent who prevailed in the arbitration proceedings.
The place of jurisdiction for legal disputes arising from the use or registration of a domain name is the registered office of the domain holder and the place of business of the provider.
For the duration of arbitration proceedings or legal proceedings pending before a court concerning the domain, and for 15 days after the final decision in the proceedings, a transfer of the domain by the customer is excluded, unless it is ensured that the future holder of the domain is also bound by the decision.
By accessing the ordering system and using the provider's services, the customer undertakes to indemnify the provider and its suppliers, agents, partners, the respective central registry and all persons and companies involved in providing the service against all claims, demands, liabilities and/or costs arising from the illegal use of the service, of a domain name registered by the customer or of the content placed on it. In the event of a claim, the customer is granted the right to prove that claims within the scope of the indemnification have not arisen or not to the extent claimed and/or are not the customer's responsibility.
Neither the provider, its suppliers, agents, partners, the central registry, nor persons involved in providing the service are liable to the customer or third parties for direct or indirect damage and costs of any kind attributable to force majeure, interventions by government and administrative authorities, strikes, riots, war, natural disasters, shortages of general telecommunications services or similar influences over which they have no direct control.
Delays in performance and server failures due to force majeure, the fault of third parties and events beyond the provider's control are not the responsibility of the provider – even in the case of bindingly agreed deadlines and dates. The provider is entitled to postpone delivery or performance for the duration of the hindrance plus a reasonable start-up period. Furthermore, the provider may restrict access to the services if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data so require. The provider is not obliged to check or monitor the customer's use of the service for lawfulness.
For all services of the provider, any liability is limited, to the extent permitted by law, to intent and gross negligence. In the case of services provided against payment, the provider's liability for negligence and gross negligence is limited to the amount of the fee payable by the customer for the respective service or the current service period. For services provided free of charge and ancillary services, the provider's liability for slight negligence is limited to 25 euros per individual case and 100 euros in total. In all other cases, the provider's liability is limited to the typically foreseeable damage. Claims for consequential damage or punitive damages are excluded.
The customer compensates the provider for all damage resulting from violations of the registration guidelines or the terms and conditions and indemnifies the provider against all claims and demands of third parties based on the customer's use of the services. This also includes reimbursement of the costs of any necessary legal defence if court proceedings have been threatened or initiated against the provider or its employees on the basis of the registration or its use.
Violations include in particular the use of a domain name in violation of statutory prohibitions, public decency and the rights of third parties (trademark, name, copyright, data protection rights, etc.) or the active promotion of such violations, the offering of content that glorifies violence, incites hatred, is racist or right-wing extremist, instructions for criminal offences and content suitable for degrading the human dignity of third parties or groups of third parties (so-called hate pages), unauthorised intrusion into third-party computers or computer systems, the distribution of malware, the distribution of prohibited or regulated substances without having the necessary permits, forgery, and the sending of unsolicited or unwanted emails for advertising purposes to third parties (spamming). When offering pornographic and/or erotic content and profit-oriented services involving pornographic and/or erotic content, the customer undertakes to comply with the statutory provisions and guidelines.
A registered domain name may be temporarily blocked or deactivated if the customer seriously violates applicable law or this agreement through the content made available under it, or if such a violation has been credibly demonstrated, and the customer does not respond appropriately to the provider's request to remove or adapt this content.
Insofar as individual domain names are terminated or transferred by the customer, due to a violation of the registration terms, due to binding decisions in domain disputes or for other reasons stated in these terms, there is no claim to apply for a free replacement domain or any other reimbursement, unless the termination was caused unlawfully by the provider intentionally or through gross negligence. This also applies to other services or additionally booked options relating to the domain names concerned.
The following terms govern the rights and obligations between ELITEDOMAINS GmbH ("ELITEDOMAINS"), the domain holder ("domain seller") and the domain prospect ("domain buyer") with regard to domains offered, bought and sold via the ELITEDOMAINS marketplace.
For this purpose, ELITEDOMAINS operates a platform on which domains can be listed, publicly offered and traded. Customers can enter domains into the sales database and remove them at any time, provided the domain is not the subject of an active sales negotiation or transaction.
Any initiation, conclusion and performance of contracts between domain buyer and domain seller are governed by these terms. ELITEDOMAINS provides the infrastructure for this and, in addition, the transfer and escrow service.
Offer, acceptance and payment
By listing a domain at a fixed price, the seller submits a binding offer to sell, which remains binding until the listing is changed or deleted.
Without a price, there is merely an invitation to submit an offer (invitatio ad offerendum). In this case, buyers can submit bids, which the seller can accept or reject.
Upon receipt of the declaration of acceptance of a bid or buy-now offer, the purchase contract between buyer and seller is concluded once the payment process has been completed.
Prices
All prices are net final prices, plus statutory VAT in each case.
ELITEDOMAINS fees
ELITEDOMAINS charges a sales fee for all transactions initiated or concluded via the marketplace.
The amount of the fee and who owes it are shown in the current price list (available at https://elitedomains.de/en/prices). As a rule, the seller bears the fee.
A sale is deemed successful as soon as the buyer has received the AuthCode for transferring the domain or ELITEDOMAINS has temporarily taken it over as trustee.
The obligation to pay remains even if a contractual relationship between buyer and seller was initiated by using the marketplace but not completed in full.
Consequences of breaches of duty
If a party breaches its duties to cooperate or other contractual obligations, ELITEDOMAINS can claim the commission and any costs incurred from this party. Irrespective of this, the other contracting party may have claims for performance or damages.
Rights to the domain
The seller expressly warrants that they are the holder of the domain and can freely dispose of it. The seller indemnifies ELITEDOMAINS against all third-party claims arising from unauthorised listing or sale.
Legal compliance
The seller guarantees that the domain does not infringe trademark, name or other rights of third parties.
The seller warrants that the domain and its content do not violate applicable law.
In the event of violations, the seller is liable and indemnifies ELITEDOMAINS in full.
Keeping data up to date
The seller undertakes to always keep their personal data (in particular email address and telephone number) and the offer data in the sales database up to date.
Removal obligations
The seller must delete domains from the database without delay if
they are no longer entitled to sell,
the domain has been transferred or deleted, or
there is a specific and sufficiently substantiated infringement of third-party rights that makes further offering or selling the domain inadmissible.
The mere receipt of a warning letter, the out-of-court assertion of an infringement or the entry of a DISPUTE at DENIC does not in itself constitute an obligation to remove the domain from the database. Decisive here are documented infringements established by a court judgment or specific information from the security authorities, such as the police, criminal investigation department or the BSI (Federal Office for Information Security).
Processing via the transfer and escrow service
Sales concluded via the marketplace must be processed exclusively via the ELITEDOMAINS transfer and escrow service. Should further content (websites, data, rights) be transferred in addition to the domain, this is not part of the services of ELITEDOMAINS. In addition, the following applies:
The seller is obliged to cooperate with all transfer instructions and to enable the buyer to take over the domain.
For external domains (provider is not ELITEDOMAINS), the seller is obliged to provide the AuthCode within ten days.
The seller undertakes to cooperate with requests to update the holder data.
The seller accepts that they are not automatically released from their contractual obligations if the transfer fails.
Should the transfer fail due to breaches of duty by the seller, ELITEDOMAINS can dissolve the purchase contract and refund the purchase price.
Costs in the event of transfer locks
If there is a transfer lock, the seller bears the corresponding costs at their provider until the end of the contract term.
Prohibition of own bids
Sellers may not place bids on their own domains or have bids placed by third parties.
ELITEDOMAINS' right of deletion
ELITEDOMAINS may reject or delete listings in individual cases if there are specific indications of an obvious legal violation or other inadmissibility of the offer. This applies in particular in the case of an infringement documented by a court judgment or specific information from the security authorities, such as the police, criminal investigation department or the BSI (Federal Office for Information Security).
As a rule, mere assertions, warning letters or possible infringements of third-party rights do not lead to deletion. ELITEDOMAINS does not carry out a conclusive legal examination or assessment of submitted evidence or conflicting legal positions. Where necessary, clarification remains reserved to the parties involved, the competent authorities or courts.
Binding nature of declarations
By submitting a declaration of acceptance for a fixed-price offer or by submitting a bid, a binding purchase contract is concluded once the payment process has been completed.
Payment obligations
The buyer pays the purchase price without delay, as instructed, into the ELITEDOMAINS escrow account. Payment is processed via the payment service provider Stripe. All payment methods available there are supported, including in particular credit cards, PayPal, Klarna, Apple Pay, Google Pay or SEPA bank transfer (prepayment). In addition, further local payment providers are available depending on the buyer's country of residence. In the ordering process, the buyer can choose from all payment methods offered for their country.
The purchase price is to be paid in euros. There is no right to payment in another currency or at specific exchange rates.
Duty to cooperate in the transfer
The buyer undertakes to follow the instructions for the technical transfer given by ELITEDOMAINS. If the buyer fails to do so, the transfer may fail without ELITEDOMAINS being liable for this.
Holder update
After a successful transfer, the buyer is obliged to update the WHOIS entry or the holder data of the domain without delay in accordance with the allocation guidelines.
Transit process in the event of inactivity
Exclusion of warranty
ELITEDOMAINS gives no guarantee that the seller is actually the holder of the domain or that the domain is free of third-party rights. Likewise, ELITEDOMAINS gives no warranty for the properties of the domain (e.g. traffic). Claims for defects are to be asserted exclusively against the seller.
Rights of withdrawal
There is no statutory or contractual right of withdrawal vis-à-vis ELITEDOMAINS.
Role of ELITEDOMAINS
ELITEDOMAINS acts as a neutral trustee, but not as buyer, seller or broker.
Transfer process
ELITEDOMAINS provides instructions on the website and by email.
The transfer is deemed successful when the buyer receives the AuthCode for transferring the domain, this has been confirmed by a change of the holder data, the buyer confirms this in writing, or the buyer remains silent for five days after being asked.
The transfer is also successful if ELITEDOMAINS has temporarily taken over the domain as trustee.
Escrow account and payout
The purchase price is held in trust and, after a successful transfer, paid out to the seller less the sales commission.
If the seller is in default of payment for other ELITEDOMAINS services, the payout may be withheld or offset against outstanding claims.
Disputes and cancellation
In the event of disputes between buyer and seller, ELITEDOMAINS may suspend the transfer service and set the parties a deadline to reach an agreement.
If no agreement is reached, ELITEDOMAINS may cancel the service and transfer back the domain and the purchase price at its own discretion.
A failed transfer does not affect the validity of the purchase contract between buyer and seller.
ELITEDOMAINS does not check domains for the absence of third-party rights; this check is the responsibility of the contracting parties.
Seller and buyer indemnify ELITEDOMAINS against all third-party claims and associated costs.
In the event of proven fraud, ELITEDOMAINS may demand a reversal. In this case, the seller must refund the purchase price and take the domain back.
ELITEDOMAINS is entitled to publish sold domains and the purchase prices achieved for reference purposes, unless the buyer or seller objects by email in good time before the transfer and escrow service is completed.
ELITEDOMAINS is entitled to actively market domains published on the marketplace. This includes in particular advertising to potential acquirers, directly approaching suitable prospects and presenting the domains on external platforms or in suitable media. ELITEDOMAINS is also entitled to carry out the marketing in whole or in part in cooperation with external sales partners or brokers. The seller's separate consent is not required for this, unless a different individual agreement has been made.
ELITEDOMAINS offers all customers the option of automatically transferring domains to the sales platform Sedo.com ("Sedo MLS sync"). Customers who commission this service additionally accept all GTC of the Sedo.com platform.
Sales via the Sedo MLS network are subject to additional sales commissions from Sedo.
The provider brokers the sale of domain names listed on secondary market platforms. These may appear in the domain search or in lists, at fixed prices or with an invitation to submit an offer.
The customer acknowledges that secondary market names are domain names already registered by third parties, whose transfer may require a provider transfer and the consent of the previous holder before the domain can be made available in the customer account.
By submitting a bid or confirming a fixed price, the customer authorises the provider to charge the specified means of payment accordingly.
The provider gives no guarantee that a secondary market name is still available at the time payment is received, that no higher bid is received or that the seller is entitled to sell. Orders that cannot be executed will be cancelled; the amount paid will be credited to the customer account. Unlawful transfers may be reversed.
After the domain has been made available in the customer account, the customer is obliged to update the holder data without delay.
In the event of a chargeback or non-payment of the purchase price, the provider is entitled to take over ownership of the domain or to return the domain to the seller.
If the customer offers their own domains on secondary market platforms via ELITEDOMAINS, ELITEDOMAINS merely owes the forwarding of the listing order. By listing, the customer revocably consents to the domain being transferred immediately to a new holder or to agreeing to a transfer to another provider if the operator of the secondary market platform requires this.
Payment is only possible by issuing a debit authorisation. All payments are processed by the payment provider STRIPE.
SEPA direct debit, credit card or PayPal are available as payment methods. ELITEDOMAINS reserves the right to restrict the available payment methods depending on the individual case.
The payment provider may carry out so-called test bookings to check whether the payment method works and the account has sufficient funds. Test bookings take place above all when the payment method is set up and when new customers pay for products or services immediately (instant payment).
Usage-based fees become due when invoiced, unless another due date has been agreed. The customer must pay other fees in advance.
Execution of the order can only be initiated after the direct debit or receipt of the amount in the ELITEDOMAINS account. All bank charges are expressly borne by the client. The customer's claim to performance only arises once the amount due has been received in full.
If the customer does not pay after the invoice amount has become due, they are automatically in default. Otherwise, the statutory provisions on default apply.
The customer agrees that they lose all rights to services if payments are not made or not made in full, or if payments are subsequently reclaimed by the bank or a credit card company, as well as in the case of credit card fraud and other chargebacks of payments.
Invoices are generally issued online in the customer account and by email, unless a different procedure results from separate agreements. If the customer requests that the invoice also be sent by post, ELITEDOMAINS is entitled to charge a flat fee of EUR 3 per dispatch.
The entitlement to remuneration remains unaffected insofar as disruptions in the service offered occur due to force majeure and other events for which ELITEDOMAINS is not responsible.
Advance payments for services that cannot be provided are credited to the customer's account at ELITEDOMAINS and refunded on request, or automatically used for outstanding orders for which no payment has yet been received. Any fees incurred for refunds are borne by the customer.
If the invoice amount cannot be collected from the customer due to insufficient funds, or if the direct debit is reversed at the customer's instigation or a returned debit is caused in any other way, ELITEDOMAINS is entitled to charge the customer the costs incurred for each returned debit. Currently, the costs for a SEPA dispute (chargeback, e.g. due to a blocked account or insufficient funds) are €3.50 and for a SEPA failed (e.g. unjustified chargeback by the customer) €15.00. For credit card payments, there are usually no fees in the case of a failed payment. In the case of a chargeback (manual reversal), however, fees of €15.00 are incurred. In addition, the customer irrevocably authorises their credit institution to disclose the customer's name and address to ELITEDOMAINS or its authorised representatives.
ELITEDOMAINS is also entitled, after an unsuccessful payment reminder, to discontinue all services and to restrict or block the customer's access without further notice.
The customer may only offset against claims of ELITEDOMAINS if the customer's claims have not been disputed or have been legally established.
If the customer is in default of payment, ELITEDOMAINS is entitled to charge default interest of 5 percentage points above the applicable base interest rate if the customer is a consumer. If the customer is a business, the default interest rate is 9 percentage points above the applicable base interest rate. In addition, ELITEDOMAINS is entitled to hand over outstanding claims to an external debt collection service provider for further processing. In this case, the customer may incur the legally permissible costs of the collection procedure in addition to the default interest.
Amendments, additions and terminations must be made in text form; verbal side agreements are invalid. This also applies to the customer's terms and conditions, insofar as ELITEDOMAINS does not expressly agree to them in writing.
If the customer is a merchant, a legal entity or a person without a place of jurisdiction or habitual residence in Germany, Hamburg is the place of performance, the place of service and the exclusive place of jurisdiction for disputes arising from this contract.
The law of the Federal Republic of Germany applies, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods.
Should provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. All clauses that cannot be applied due to a legal error or invalidity shall, as far as possible, be replaced by clauses that are legally valid, that come closest to the original economic intention and that the parties would have agreed had they known of the invalidity when concluding the contract. To the extent legally permissible, the clause is replaced to the extent described above by ELITEDOMAINS.
If the provisions of the registration agreement – or parts thereof – contradict the provisions, terms, policies or other rules of the registries concerned or of ICANN, the provisions, terms, policies or other rules of the registries concerned or of ICANN shall apply.
Should provisions of the registration agreement be or become invalid, the validity of the remaining provisions shall not be affected. All clauses that cannot be applied due to a legal error or invalidity shall, as far as possible, be replaced by clauses that are legally valid, that come closest to the original economic intention and that the parties would have agreed had they known of the invalidity when concluding the contract. To the extent legally permissible, the clause is replaced to the extent described above by the provider.