This Domain Migration Agreement (this “Agreement”) applies to the Services (defined below) that the person or entity identified on the related Order Form (“you”) is purchasing from Dominion Domains, LLC, a Virginia limited liability company (“Dominion”). By submitting an Order Form for the Services to Dominion, you agree to be bound by this Agreement and the Universal Terms of Service Agreement, which is incorporated herein by this reference.
1. Domain Migration Services. On the terms and conditions set forth herein, Dominion agrees to use commercially reasonable efforts to assist you in the migration of your website(s) from the “Existing Domain Name” to the corresponding “New Domain Name” as set forth on the Order Form (the “Domain Migration Services”). The Domain Migration Services include only the following services: (a) preliminary SEO analysis of Existing Domain Names and preparation and review of SEO best practices report; (b) creation of Google Analytics and Tag Manager accounts (if necessary); (c) verification of Google Search Console and Bing Webmaster Tools via DNS (if necessary); (d) DNS record updates; (e) submission of change of address notices and sitemap updates to Google and Bing; and (f) final check of Google Search Console for alerts and website speed test.
2. Excluded Services. The Domain Migration Services specifically do not include the following services: (a) subdomain migration for additional services leveraged by you (e.g., mail., ftp., and webmail.); (b) DNS record updates not required to complete the Domain Migration Services; (c) resolution of any item or issue identified in Dominion’s preliminary SEO analysis of the existing domain name, including, without limitation, broken links, search engine optimization issues and website speed issues; (d) transfer of your data, including, without limitation, files, databases and email accounts; (e) Secure Sockets Layer (SSL) setup on any New Domain Name; or (f) hosting provider migration. For the avoidance of doubt, the services identified in the foregoing sentence do not compose an exhaustive list of services that are not included in the Domain Migration Services.
3. Access. You agree to provide all access, authorization, information, assistance and credentials necessary for Dominion to complete the Domain Migration Services, including, without limitation, the Internet Protocol address of the website’s server, historic site traffic analytics, relevant usernames and passwords, and all necessary or requested third-party permissions. You shall inform Dominion of any existing errors, previous conditions, configuration changes, non-standard software, special circumstances or other factors that may render the server to be of a non-standard configuration or that may otherwise complicate or interfere with the Domain Migration Services. You acknowledge and agree that any failure by you to promptly render any access, authorization, information, assistance or credentials reasonably requested by Dominion will prejudice Dominion’s ability to complete the Domain Migration Services and relieve Dominion of any responsibility for the Domain Migration Services.
4. Completion of Domain Migration Services. In the event that you do not make contact, by phone or by email, with Dominion for a period of at least sixty days, the Domain Migration Services will be considered abandoned, and Dominion will cease all work thereon. In addition, you must notify Dominion, in writing by email, of any problems or issues related to the Domain Migration Services within five (5) days of the date that Dominion notifies you by email that it has completed the Domain Migration Services (the “Notice Window”). Dominion will have no obligation to attempt to fix any problems or issues related to the Domain Migration Services after the Notice Window has expired.
5. Fees. You agree to pay Dominion a one-time fee in the amount indicated on the Order Form (the “Transfer Fee”) at the time you purchase the Services.
6. Term and Termination.
(a) The term of this Agreement begins on the date of your purchase of the Services and continues until the earlier of (i) Dominion’s completion of the Domain Migration Services and the expiration of the Notice Window, or (ii) the abandonment of the Domain Migration Services by you (the “Term”).
(b) Within thirty (30) days of the date of the submission of your Order Form, Dominion may elect to terminate the Services and this Agreement for any or no reason by giving you notice. Thereafter, Dominion may suspend and/or terminate the Domain Migration Services and this Agreement at any time for cause, which, without limitation, includes (i) the filing of any petition or the commencement of any proceeding by or against you for any relief under any bankruptcy, insolvency or similar laws, (ii) your insolvency, (iii) the making by you of a general assignment for the benefit of creditors, (iv) failure to respond to inquiries from Dominion for over six (6) calendar days, (v) any material breach by you of this Agreement or (vii) your use of the Services in a manner that subjects Dominion to any claim that Dominion has violated any third party’s rights or acceptable use policies, including, without limitation, the transmission of unsolicited email or the violation of any third party intellectual property right or other right. No refund will be made when there is a suspension or termination of the Domain Migration Services for cause.
(c) At any time and for any reason or no reason, Dominion may at its option terminate the Domain Migration Services and this Agreement by giving you five (5) days’ notice of termination via mail or email, at Dominion’s option. In addition, Dominion may immediately terminate this Agreement in the event that any third party service provider alters its relationship with Dominion in a way that materially impacts Dominion’s ability to provide the Domain Migration Services.
7. Publicity. You authorize Dominion and its affiliates to reference the Domain Migration Services performed for you in Dominion’s advertising, sales and other promotional material, including, without limitation, in posts published to Dominion’s social media accounts.
8. Disclaimer. Without limiting any disclaimer contained in the Universal Terms of Service or any other agreement between you and Dominion, Dominion makes no representations or warranties regarding the Domain Migration Services and is not responsible for any data or traffic loss, website performance or other issues that may arise in connection with the Domain Migration Services. Further, Dominion will not be liable for any unauthorized third party access or use of any of your accounts.
9. Entire Agreement. This Agreement (including the Universal Terms of Service Agreement) constitutes the entire agreement of the parties hereto and supersedes in their entirety all prior representations, understandings, undertakings or agreements (whether oral or written and whether expressed or implied) of the parties with respect to the subject matter hereof.
10. Survival. In addition to your accrued payment obligations and your representations and warranties hereunder, Sections 6 to 10 of this Agreement will survive any expiration or termination of this Agreement. Further, the terms and conditions of the Universal Terms of Service Agreement will survive any expiration or termination of this Agreement.
BY EXECUTING AND/OR SUBMITTING THE ORDER FORM, THE PARTIES INTEND TO BE BOUND BY THIS AGREEMENT AND CONSENT TO THE USE OF THE SIGNATURES TO THE ORDER FORM (INCLUDING ANY DIGITAL SIGNATURES) AS PROOF THEREOF.
[END OF DOMAIN MIGRATION AGREEMENT – UPDATED MARCH 2018]