ADR - SETTLEMENTS

SETTLEMENTS

DOMAIN NAME SETTLEMENTS:

12.(1) A registrant may not transfer, or delete, or refuse to renew a domain name registration whilst proceedings under these Regulations are ongoing, except as a result of a written settlement agreement that the parties reached and after a copy of the settlement agreement, signed by both parties, has been delivered to the provider who must issue relevant instructions to the second level domain administrator after he or she confirmed the validity of the written settlement agreement between the parties.

Withdrawal, Settlement, or Other Grounds for Termination:

31.(1) If, subject to the provisions of regulation 17(3) and 17(4), a dispute is deemed to have been withdrawn, the provider must refund the complainant the fixed fee less any administration costs incurred to date.

(2) If, before the appointment of an adjudicator, the parties agree on a settlement, subject to the provisions of regulation 12(1), the provider must terminate the dispute and refund the complainant the fixed fee less any administration costs incurred to date.

(3) If, after the appointment of an adjudicator but before the adjudicator's decision is made, the parties agree to settle subject to the provisions of regulation 12(1), the adjudicator must terminate the dispute, and the parties shall forfeit all fees paid to date.

(4) If, before the adjudicator's decision is made, it becomes unnecessary or impossible to continue with the dispute, the adjudicator must terminate the dispute, unless a party objects to such termination.

(5) In the event that the dispute is terminated in accordance with subregulation (4), the parties shall forfeit all fees paid to date.

DRAFT: SUBJECT TO DISCLAIMER BELOW

DOMAIN NAME TRANSFER SETTLEMENT AGREEMENT
Memorandum of Agreement

between

[INSERT REGISTRANTS NAME]
("REGISTRANT")

and

[INSERT COMPLAINANTS NAME]
("COMPLAINANT")

INTERPRETATION
in this agreement, unless inconsistent with the context the following words and phrases shall have the meanings assigned to them hereunder, namely:

1."the domain name" means the following Internet domain: ???.CO.ZA
2."the Parties" mean THE REGISTRANT and THE COMPLAINANT;
3."transfer date" means the date on which the domain name is transferred into the name of the COMPLAINANT; as is officially displayed and confirmed on the relevant registrar's "WHOIS" facility.
4."signature date" means the date of signature of this agreement by all the parties hereto;
5."Transfer Agent" shall mean [name of party submitting the update request].

TRANSFER OF DOMAIN NAME
The REGISTRANT agrees to transfer the domain name to THE COMPLAINANT in accordance with the Transfer Procedure as set out below. The parties agree that all rights, title and interest in and to the domain name will be transferred to the COMPLAINANT.

TRANSFER PROCEDURE
1.Transfer of the domain names into the name of the COMPLAINANT shall take place within 7 (seven) days of signature of this agreement, and in accordance with the step-by-step procedure set out below.
2.The domain name is registered with the CO.ZA Registry (UniForum SA) and the transfer of the domain name is therefore subject to its procedures and rules;
3.The REGISTRANT shall accurately and truthfully complete the CO.ZA Registries manual update FORM 2.
4.Once in receipt of the FORM 2, the Transfer Agent will attend to all the necessary procedures, using the FORM 2, to manually transfer the domain name to the COMPLAINANT.
5.Once the domain name has successfully been transferred to the COMPLAINANT, the Transfer Agent will inform the Parties accordingly.

CESSION OF RIGHTS
The REGISTRANT hereby cedes, assigns and makes over to the COMPLAINANT all rights, title and interest in and to the domain names with effect from the signature date. Should it be necessary to give effect to this clause, The REGISTRANT agrees to sign any and all further documentation as may be necessary.

GENERAL
1.The provisions of this agreement are binding on the parties hereto, their successors in title or assignees.
2.This agreement supersede any prior oral or written agreements concluded by the parties and the terms set out herein constitute the whole agreement between the parties, and any understanding arising out of prior negotiations and any conflicts hitherto concluded shall, upon the signature of this agreement, be of no force and effect.
3.No variation or amendment of this agreement shall be of any force or effect unless in writing and signed by or duly signed on behalf of all the parties hereto. No consensual cancellation of this agreement shall be of any force or effect unless in writing and signed by or duly signed on behalf of all the parties hereto.
4.The parties acknowledge that they have not been induced or coerced to enter into this contact by virtue of any representations, statements or warranties made by the other parties hereto or any person acting on their behalf which are not included herein. The parties shall not be responsible for any representations which may be made from time to time by their representatives, servants or agents, save as contained herein.
5.The transfer of the domain name is in full and final settlement of any dispute between the Parties relating to the domain name.

For the COMPLAINANT
ATHORISED REPRESENTATIVE:
DESIGNATION:
DATE:
PLACE:

For the REGISTRANT
ATHORISED REPRESENTATIVE:
DESIGNATION:
DATE:
PLACE:

Disclaimer: Although we have endeavoured to make this Settlement Agreement as extensive and helpful as possible, we cannot guarantee that by using the template your settlement will be legally binding and the domain name will be transferred. It remains your responsibility to ensure that your proposed settlement arrangements meet all your legal requirements and expectations. You should refer this to you own independent advisor for review and consideration.

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