Terms of service (nicsell)

§ 1 Contracting party

Contractual partner of the customer (hereinafter referred to as "customer" and "enterpriser") is the DomainProfi GmbH, Serviceteam nicsell, Martinistraße 3, D-49080 Osnabrück (hereinafter referred to as "nicsell").

§ 2 Scope and conditions

These terms and conditions are valid for all achievements in the version valid at the time of the order delivery.

nicsell performs its services exclusively based on these general terms and conditions. They are also valid for future business relations in the area of this subject matter of the contract, even if they are not expressly agreed again.

Conditions of the enterpriser won't become a contract component, also not if nicsell does not contradict to them expressly and the contract is still carried out or the customer declares to conclude only to his conditions.

§ 3 Registration, use and exclusion

Only enterprisers, trading in exercise of a commercial or independent professional activity, could become customers from nicsell .

Registration is free of charge.

Only after registration and connection by nicsell the enterpriser can see the domainlist.

nicsell reserves itself the right to reject the registration without giving reasons or to exclude the enterpriser afterwards from the use of the service.

In order for the enterpriser to participate in the auctions, he must first confirm his mobile phone number and accept the current version of these GTC. Depending on the trading activity, identity verification in accordance with § 11 of these Terms and Conditions may also be required.

nicsell exclusively offers hosting services to customers who comply with applicable laws. The use of the service is conditional upon the customer adhering to all legal regulations and refraining from providing any content or services that are unlawful.

§ 4 Performance and conclusion of contract

During the redemption grace period nicsell offers registered enterprisers the possibility to bid on the service of the registration of Domains after their quarantine phase. Furthermore nicsell offers the possibility to buy exklusive domains which are not in the redemption grace period.

All offers by nicsell shall be without obligation and must only be regarded as an invitation for the enterpriser to place a bid.

After choosing the desired domain the enterpriser can place a binding bid with clicking on the button "charged bid". This applies for all auctions on the platform, quarantine domains just as well as non-quarantine domains.

By bidding on domains, the entrepreneur accepts the registration conditions and guidelines of the respective registrar. The following list shows all top level domains with a link to the official information. It should be noted that the latest edition always applies.

.de	https://www.denic.de/de/bedingungen.html
.at	https://www.nic.at/de/agb
.eu	https://eurid.eu/de/weitere-informationen/dokumente/
.se & .nu	https://internetstiftelsen.se/en/how-to-register-a-domain-name/terms-and-conditions-for-se-and-nu-domains/
.ch & .li	https://www.nic.ch/de/terms/agb/
.pl	https://www.dns.pl/en/pl_domain_name_regulations
.cz	https://www.nic.cz/files/nic/doc/Registration_rules_CZ.pdf
.me	https://domain.me/policies/
.it	https://nicsell.com/pdf/Regulation_assignation_v8.0.pdf https://nicsell.com/pdf/registroit-registrant-formular-13-V2.pdf
.be	https://assets.dnsbelgium.be/attachment/Enduser_Terms_and_Conditions_en_v6.1_1.pdf
.fr	https://www.afnic.fr/wp-media/uploads/2020/12/Guidepratique_Titulaire_VA.pdf
.es	https://www.dominios.es/en/registra-un-dominio/terminos-condiciones/clausulas
IdentityDigital	https://nicsell.com/pdf/identity-digital-rra-registry-terms-and-conditions-june-2022.pdf https://www.identity.digital/policies

Furthermore you also give your consent that necessary personal data for the domain registration may be passed on to the registries.

If several enterprises place a bid for the same domain, the respective bid expires automatically if another enterpriser places a higher bid.

If the enterpriser is the highest bidder, nicsell will try to register this domain. Nevertheless, there is no claim by the enterpriser on registered domains.

There won't be any costs for the enterpriser if nicsell cannot register the domain for the customer.

After the successful registration of the domain nicsell has the opportunity to accept the offer from the customer (conclusion of contract). The acceptance of the offer is given by sending the appropriate order confirmation email. In this case a contract about the ownership of the domain is achieved in addition, between the enterpriser and the respective registry, if the enterpriser is inserted as the owner of the domain by nicsell.

§ 5 Storage of the contract text, contract language

The contract text is stored by us merely inside in our system and is not accessible to you. The order data and Terms and Conditions will be sent you by email. The topically valid version of the Terms and Conditions can be viewd on nicsell.com, be printed out and be stored. The present bids and calculations can be viewed at least 90 days after auction end in the customer account of the enterpriser. An additional publication by us does not occur.

You agree to receive invoices in electronic form.

The contract language is German.

§ 6 Prices and costs

Unless otherwise stated, the prices are given in Euro net and include german value added tax at the applicable rate.

Enterprisers outside from Germany with valid sales tax identification number receive net prices and the sales tax liability goes over on the benefit recipient.

The enterpriser bears only in case of a successful auction and registration the costs of his order. The registration of the domain by nicsell is included in the bid for the domain. So it is free for the enterpriser.

The enterpriser himself bears for other accruing costs which result after registration of the domain as for example migrate the domain to a new provider. These costs are not included in the offer.

§ 7 Payment, migration of the domain and reservation of the ownership

The Domain remains up to the entire settlement of all demands property of nicsell.

Payment is made by bank transfer, PayPal, or via our payment service providers Mollie and Stripe within 14 days of the conclusion of the contract at the latest; further information on the payment service providers can be found in Section 7.3 of these General Terms and Conditions.

The invoice will be created in electronic form. It is automatically provided after receipt of payment.

The Auth code for the transfer of the domain will be sent to the enterpriser after receipt of payment. The Domain shall be transfered immediately, no later than 28 days after the enterpriser receives the authcode. If the customer does not fulfill this obligation in due time, there is no further claim to this domain or refunds on the part of the customer. Nicsell is then entitled to handle the domain with the corresponding instrumentality from the registry. In addition, there is the possibility for nicsell to charge the customer an additional fee of 5.00 € per domain and starting calender month.

§ 7.1 Procedure for orders with a creation date before 1 July 2024

If the enterpriser has not fully settled his receivables within 14 days after conclusion of the contract, nicsell reserves the right to revoke the concluded contract and to cancel the order of the customer. Nicsell is then entitled to sell the domain otherwise. In addition, the enterpriser is excluded from further bidding until all claims in arrears have been settled.

§ 7.2 Procedure for orders with a creation date from 1 July 2024

If the enterpriser has not paid his outstanding debts in full within 14 days after conclusion of the contract at the latest, nicsell may cancel the subject matter of the contract - i.e. the domain(s) - and sell it by other means. In addition, nicsell will exclude the enterpriser from further bidding and charge him an administration fee of 30% of the purchase price per domain, with a minimum of 5 Euros per domain.

The invoicing of the administration fee applies to quarantine and marketplace domains (nicsell Trading).

The other sale by nicsell only concerns quarantine domains, i.e. domains that we will try to register. If the seller (nicsell Trading) has agreed, marketplace domains will be offered for sale to the bidder with the second highest bid. If no purchase is made, the domain remains in the possession of the seller.

Once all outstanding debts have been settled, nicsell will activate the entrepreneur for bidding. If payment is repeatedly delayed, nicsell reserves the right to permanently exclude the enterpriser from the platform.

§ 7.3 Special agreements related to the offered payment methods

Payment via "PayPal" / "PayPal Checkout"

If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button in the payment process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

Payment via "Mollie"

If you select a payment method offered via "Mollie", the payment will be processed via the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, The Netherlands; "Mollie"). The individual payment methods via "Mollie" will be displayed to you under a correspondingly designated button in the payment process. "Mollie" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information about "Mollie" at https://www.mollie.com.

Payments via "Mollie" cannot be made for marketplace orders.

Payment via "Stripe"

If a payment method offered via "Stripe" is selected, payment processing is carried out via the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; Stripe). The individual payment methods offered via Stripe are displayed to you under a correspondingly designated button during the payment process. For payment processing, Stripe may use other payment services; insofar as special payment conditions apply to these, you will be informed of them separately. Further information on Stripe can be found at https://stripe.com/en-de.

§ 8 Disturbance of services

Should there be technical problems with our services or with partner systems, there is no claim to compensation for any damages incurred.

§ 9 Closing provisions

These Terms and Conditions as well as the contracts made based on these Terms and Conditions are governed exclusively by German right to the exclusion of the German IPR and the UN-purchase right.

The place of performance and exclusive legal venue for any disputes arising from or in connection with the contractual relationship between nicsell and the enterpriser shall be Osnabrück.

The same place of jurisdiction applies if the customer does not have any general place of jurisdiction in the interior, after conclusion of the contract relocates his domicile or customary place of residence from the interior or his domicile or customary place of residence is not known at the time when the action is filed.

Any nullity of single clauses of the contract does not affect the validity of the remaining clauses. In place of the ineffective clause a similar legal effect clause that comes closest to the intent of the desired purpose comes into effect.

§ 10 Domain Auction Marketplace as buyer

When acting as a buyer in our domain auction marketplace, we may use your data after the successful conclusion of the contract/purchase of a domain in order to issue an invoice from the seller to you (buyer). This invoice (and thus your data) will therefore also be passed on to the seller of the domain. nicsell will never forward your data to any third-party that was not involved in the transaction.

§ 11 Identity Verification, Data Validation and Usage Limits

To ensure security on the platform as well as to fulfill legal obligations (in particular the Money Laundering Act, NIS-2 Directive) and the requirements of cooperating registrars and registries, nicsell carries out identity and data checks. For this purpose, we use, among others, the external service provider Sumsub (Sum and Substance Ltd., Great Britain). We may also use the data obtained during these procedures for a credit check or individual customer communication.

Scope and Timing of Verification:

nicsell reserves the right to verify the identity of the enterpriser as well as the correctness of the stored data (in particular company, name, address, email address, telephone number and VAT identification number (or country-specific identification numbers)) at any time. This may take place on a random basis, upon reaching certain internal turnover thresholds, prior to the activation of certain functions (e.g. bidding budgets) or due to specific requirements of a Top-Level Domain registry.

Duties of the Enterpriser:

The enterpriser undertakes to always provide correct, complete and up-to-date information.

Consequences of Non-Compliance:

If the enterpriser does not comply with a request for verification or data correction within the set deadline, or if data turns out to be incorrect, nicsell is entitled to:

Block the user account for further transactions and bids until verification is successfully completed.
Suspend affected domains, remove the delegation or delete them, provided this is mandatorily required to fulfill regulatory requirements.

By using the platform, the enterpriser agrees to the transmission and verification of his data by the service providers employed. Further information on data processing can be found in our privacy policy.

§ 12 Domain hosting with nicsell Hosting

§ 12.1 Contractual bases

All services of DomainProfi GmbH, business division nicsell Hosting (hereinafter referred to as "nicsell Hosting"), are provided exclusively in accordance with the following Terms and Conditions, the information on the nicsell websites and other contractual Terms and Conditions referred to in these Terms and Conditions.
Individual agreements, in particular blanket agreements between nicsell Hosting and the Customer, shall take precedence over these general provisions.
The Customer's Terms and Conditions and individual agreements shall only apply if nicsell Hosting expressly agrees to them in writing.
nicsell Hosting reserves the right to amend the General Terms and Conditions, the Registration Agreement, the Terms of Use and price lists at any time. nicsell Hosting shall notify the Customer of amendments to the General Terms and Conditions in writing or by e-mail, provided that this can be done without unreasonable effort. The Customer may object within 14 days after receipt of the notification. If the Customer objects, nicsell Hosting may terminate the contract within 14 days or on another specified termination date or continue the contract on old terms. If the Customer does not object, the new Terms and Conditions shall be deemed accepted. Changes to the data protection provisions will be communicated.
The Customer is obliged to check and save these Terms and Conditions and contract attachments. nicsell Hosting shall make the current Terms and Conditions and contract attachments available on their websites.
The Customer undertakes to keep complete and correct contact data in his user account. nicsell Hosting reserves the right to check the deposited data and to demand proof. If incomplete or incorrect data is found, nicsell Hosting may block the account.
The Customer agrees to receive important communications from nicsell Hosting by e-mail. The e-mail address stored in the user account must be kept up to date and regularly retrieved. nicsell Hosting is not responsible if the Customer does not take note of a message sent to this e-mail address.
By placing orders with nicsell Hosting or initiating promotions electronically, the Customer confirms that it is authorised to place binding orders on its own behalf or on behalf of its company or organisation and that it fully agrees to all contract terms, registration terms, privacy policy and Terms and Conditions.
If a Customer places orders for third parties or on behalf of third parties, he remains the sole contractual partner of nicsell Hosting. The contractual conditions, data protection provisions, registration conditions and Terms and Conditions of nicsell Hosting shall also apply to the third party. The Customer undertakes to bind the third parties by contract accordingly and to pass on the Terms and Conditions to them.

§ 12.2 Contract offer and conclusion of contract; scope of delivery

The assortment of nicsell Hosting represents a non-binding invitation to submit an offer by the Customer. A contract shall only be concluded if nicsell Hosting expressly accepts the offer in writing or if the acceptance thereof is confirmed electronically or in writing. The mere use of the website or the confirmation of receipt of an offer does not lead to a contractual relationship with nicsell Hosting.
If an order is only partially executable, the Customer also accepts partial deliveries.
The subject matter of the contract, the scope of the services and the description of services result from the respective individual contracts.
The Customer is obliged to check the order confirmation received from nicsell Hosting for errors or discrepancies and to point these out to nicsell Hosting.
The rights of revocation and return for distance contracts (according to § 312d BGB) do not pertain to contracts for the delivery of goods that are manufactured according to Customer specifications or are clearly tailored to personal needs. This also applies to services for which execution has been started immediately at the Customer's request or the value of which has already been accrued to the Customer. The Customer agrees that nicsell Hosting will immediately begin with the execution of the service after conclusion of the contract, in particular in the case of the registration of domain names specified individually according to Customer specifications. Further details can be found in our cancellation policy.

§ 12.3 Domain services and hosting services

For services related to the registration or administration of domain names, our Terms and Conditions for the Registration and Administration of Domain Names (Registration Agreement) and, where applicable, the registration Terms and Conditions of ICANN and the respective registries, which in this case become part of the contract, shall also apply.
When using our hosting services or e-mail services, our hosting Terms and Conditions also apply and become part of the contract.

§ 12.4 Term of contracts and termination

The term of the services is based on the billing periods specified in the individual contracts. Unless otherwise agreed or stated in the service description, the standard term for all services is 12 months.
Contracts with a term of at least 12 months are automatically extended by 12 months unless they are terminated at least 1 months before the respective expiry date, unless otherwise agreed.
Contracts with a term of less than 12 months shall be extended by their respective minimum terms, unless they are terminated at least 1 month before the expiry date and no other agreement had been made.
Free services may be discontinued or made chargeable at any time, provided nicsell Hosting gives prior notice and grants the Customer a special right of termination.
Both parties may terminate the contract for good cause. An important reason exists for nicsell Hosting in particular if the Customer:

In the case of contracts with a minimum term or contracts for a limited period of time, defaults on the payment of charges amounting to a monthly fee.
In the case of contracts concluded for an indefinite period, is more than 20 calendar days in arrears with the payment of the fees.
Culpably breaches any obligation under the Contract or these Terms and Conditions.
Obviously violates laws in the use of the service.
Despite a warning within a reasonable period of time, fails to adapt the use of the service in such a way that it complies with the requirements set out in the General Terms and Conditions.
Culpably or negligently breaches the contract terms or the registries' allocation guidelines (where relevant).

In such cases, all rights of the Customer to the service shall lapse.

The client will be reminded of his/her obligation to pay before the expiry of the contract term. If the fee for a service is not received at least three days before the expiry of the contract term, the client loses his rights to the service.
If the Customer does not cancel the contract or does not cancel it in time and credit card or direct debit has been selected as the payment method and valid and functional payment details have been deposited, the amount will automatically be collected ten days before expiry and the contract will be extended. This also applies if the Customer has sufficient credit on his Customer account.
In the event of premature termination of a service, no pro rata refund of the amounts already paid for the remaining term will be made, unless the termination was made by nicsell Hosting intentionally or through gross negligence without legal basis. This also applies to other services or additional options that have already been booked, as well as in the case of terminations for good cause and terminations due to binding decisions in domain disputes.
Declarations of termination and withdrawal must be made in writing; from 01.07.2023, text form is also sufficient and a fax is deemed to be complied with.

§ 12.5 Prices

The prices for services of nicsell Hosting as well as of third party services arranged by nicsell Hosting are non-binding and freely available on the nicsell Hosting Customer portal. They can be changed at any time. This also applies to free services.
Only the prices and taxes valid on the day the contract is concluded or renewed apply.

§ 12.6 Payment

Payments can be made via PayPal or bank transfer. nicsell Hosting reserves the right to restrict available payment methods depending on the individual case.
Usage-based fees are due at the time of invoicing, unless other payment terms have been agreed on. Other fees must be paid in advance.
The execution of orders can only begin after successful credit card payment, direct debit or receipt of the amount in nicsell Hosting's account. All associated bank charges shall be borne by the Customer. A claim for performance on the part of the Customer only arises after payment has been made in full.
If the Customer does not pay after the due date following a reminder from nicsell Hosting, he shall automatically be in default. In other cases, the statutory provisions on the consequence of default shall apply.
The Client agrees that they will lose their rights to the 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, including cases of credit card fraud and other chargebacks of payments.
Invoices are generally issued online in the Customer account and by e-mail, unless otherwise agreed. If the Customer asks for an additional dispatch of the invoice by post, nicsell Hosting may charge a flat fee of 3,- EUR per dispatch.
The claim to remuneration shall remain in force insofar as disruptions in the service offered occur due to force majeure and other events for which nicsell Hosting is not responsible.
Advance payments for services that cannot be provided will be credited to the Customer's account with nicsell Hosting and refunded on request, or automatically used for orders that are still open and for which no money has been received to date. Any fees incurred in the event of a refund shall be 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 instigation of the Customer or otherwise causes a return debit note, nicsell Hosting shall be entitled to demand from the Customer the costs incurred, which currently amount to EUR 3, plus a processing fee of EUR 10 for each return debit note. In addition, the Customer irrevocably authorises his credit institution to forward to nicsell Hosting or its authorised representatives the name and address of the Customer.
For each justified reminder, nicsell Hosting shall be entitled to demand the costs incurred, which currently amount to EUR 3, plus a processing fee of EUR 10. nicsell Hosting shall also be entitled, after unsuccessful payment reminders, to discontinue any service without further notice and to block the Customer's accesses.
The Customer may only offset against nicsell Hosting's claims if the Customer's claims have not been objected to or if they have been legally established.
In the event of default, nicsell Hosting shall be entitled to charge interest at a rate of 9% above the respective base interest rate pursuant to § 247 BGB (German Civil Code), or 5% above the base interest rate in the case of consumers.

§ 12.7 Liability

By accessing the ordering system and using nicsell Hosting's services, the Customer agrees to indemnify nicsell Hosting, suppliers, agents, partners, ICANN, the relevant Central Registry and all persons and entities involved in the provision of the Services against all claims, demands, liabilities and costs based on the unlawful use of the Services, any domain name registered by the Customer or the content published thereon. In the event of a claim against nicsell Hosting, the Customer shall have the right to prove that the indemnity claims have not accrued or have not accrued in the amount claimed or are not the responsibility of the Customer.
Neither nicsell Hosting, its suppliers, agents, partners, ICANN, the Central Registry nor any person or company involved in the provision of the services shall be liable to the Customer or to any third party for any direct or indirect damage or costs of any kind arising from acts of God, intervention by governmental or administrative authorities, strikes, riots, wars, natural disasters, lack of general telecommunications services or similar influences over which nicsell Hosting has no direct control.
nicsell Hosting shall not be responsible for delays in performance and server failures due to force majeure, fault of third parties and due to events beyond nicsell Hosting's control - even in the case of bindingly agreed deadlines and dates. nicsell Hosting shall be entitled to postpone the delivery or performance for the duration of the impediment, plus a reasonable start-up period. Furthermore, nicsell Hosting may restrict access to the services if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions of the network, the software or stored data so require. nicsell Hosting is not obliged to check or monitor the use of the service by the Customer for its lawfulness.
The liability of nicsell Hosting for all services shall, to the extent permitted by law, be limited to intent and gross negligence. In the case of chargeable services, nicsell Hosting's liability for negligence and gross negligence shall be limited to the amount of the respective fee payable for the respective service or for the current billing period. In the case of free services, nicsell Hosting's liability for slight negligence shall be EUR 25 in individual cases and EUR 100 in total. In all other cases, nicsell Hosting's liability shall be limited to the typically foreseeable damage.
The Customer shall be liable to nicsell Hosting for all damages resulting from breaches of these Terms and Conditions and shall indemnify nicsell Hosting against all third party claims arising from their use of the services. This also includes the reimbursement of the costs for the necessary legal defence, if legal proceedings have been instituted.
The Customer is obliged to keep passwords received from nicsell Hosting strictly secret and to inform nicsell Hosting immediately, if he becomes aware that the password has become known to unauthorised parties. The Customer acknowledges that he must accept all declarations made using his access data and bears the risk of unauthorised use of his access data. If third parties use nicsell Hosting services due to the fault of the Customer, the Customer shall be liable to nicsell Hosting for the usage fee and damages. nicsell Hosting shall be entitled to temporarily block the Customer's access if there is reasonable suspicion that the access is being used by unauthorised persons. nicsell Hosting shall immediately inform the Customer of this measure.
If the Customer resells or authorises the use of nicsell Hosting's products and services to third parties, the Customer shall be fully liable for all damages and shall indemnify nicsell Hosting against all claims arising as a result of the third party's breach of the terms of the contract.

§ 12.8 Data protection

The collection, processing and use of personal data of the Customer is necessary for the performance of the services. This takes place within the framework of the applicable data protection regulations. Further information can be found in the privacy policy of nicsell Hosting, which is part of the General Terms and Conditions.

§ 12.9 Final provisions

Amendments, supplements and terminations must be made in writing. Verbal collateral agreements shall not be valid unless nicsell Hosting expressly agrees to them in writing.
If the Customer is a merchant, a legal entity or a person without permanent residence or habitual abode in Germany, Osnabrück shall be 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 shall apply, to the exclusion of the provisions of the UN Uniform Law on the Sale of Goods.
Should provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the General Terms and Conditions or influence the validity of the remaining provisions. All clauses that are missing from the General Terms and Conditions due to their uniformity or content equality with other clauses shall be included as a meaningful addition to the contract. The same applies to regulatory gaps.
Both texts of the General Terms and Conditions in German and English are binding; in case of doubt, the German version shall prevail.

Termini e condizioni generali (nicsell)