UNIVERSAL TERMS OF SERVICE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE OR ENGAGING OUR SERVICES. BY ACCESSING NAMEKART.COM, SUBMITTING A QUOTE REQUEST, OR ENTERING INTO AN ENGAGEMENT WITH NAMEKART PRIVATE LIMITED, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS WEBSITE OR OUR SERVICES.

About Us and Scope of this Agreement
Definitions
Acceptance of Terms
Services
Domain Search, Listings, and Recommendations
Acceptable Use of the Website
User Content
Engagement and Fees
Client Obligations
Confidentiality
Intellectual Property
Compliance, KYC, AML and Sanctions
Service Modifications
Termination
Disclaimers
Limitation of Liability
Indemnity
Dispute Resolution
Governing Law and Jurisdiction
Force Majeure
Electronic Communications and Consent
Third-Party Links and Services
Privacy and Data Protection
Compliance with Applicable Law
Additional Reservation of Rights
General Provisions
Contact Us

1.About Us and Scope of this Agreement

Namekart Private Limited (hereinafter Namekart, we, us, or our) is a company incorporated under the Companies Act, 2013, bearing CIN number U67190DL2012PTC245663, with its registered office at Delhi. Namekart operates as a domain name brokerage, brand protection, and digital identity advisory business through its website at namekart.com (the Website) and through direct client engagements.

These Terms of Service (Terms or Agreement) govern your access to and use of the Website and all services offered by Namekart (the Services), and constitute a legally binding agreement between you (Client, you, or your) and Namekart. Any Engagement Letter, statement of work, or other service-specific agreement entered into between you and Namekart (Service Agreement) supplements and is in addition to these Terms. In the event of a direct conflict between a Service Agreement and these Terms, the Service Agreement shall control only to the extent it expressly states that it overrides these Terms; otherwise, these Terms control.

Affiliates and Sub-Contractors. References to Namekart in this Agreement include Namekart’s affiliated entities and any third-party escrow providers, registry partners, or sub-brokers formally engaged by Namekart to deliver part of the Services, where the context so requires.

2.Definitions

In these Terms, the following words and expressions shall have the meanings assigned to them below:

Term	Meaning
“Acquisition”	means the process by which Namekart, on behalf of the Client, identifies, approaches, negotiates with, and facilitates the transfer of a Domain Name from its current owner to the Client or a designated entity.
“Account”	means the registered profile a User creates to access certain features of the Website, including saved searches, quote requests, and engagement history.
“Brokerage Fee”	means the fee payable to Namekart upon successful completion of an Acquisition or delivery of a Service, as specified in the relevant Engagement Letter or as published on the Website.
“Client”	means any individual, company, partnership, trust, or other legal entity that accesses the Website, requests a quote, or enters into an Engagement with Namekart.
“Confidential Information”	means any information disclosed by one party to the other in connection with an Engagement that is designated as confidential or that a reasonable person would understand to be confidential, including, without limitation, the identity of the Client, acquisition targets, negotiation strategies, pricing, counterparties, and business plans.
“Content”	means all text, data, valuations, reports, domain shortlists, naming recommendations, graphics, and other material made available through the Website or delivered as part of the Services, excluding User Content.
“Domain Name”	means an alphanumeric string registered with a domain name registry that forms an address on the internet, including country-code top-level domains (ccTLDs) and generic top-level domains (gTLDs).
“Engagement”	means a formal business relationship between Namekart and a Client, initiated by the execution of an Engagement Letter or equivalent written agreement, or by the Client’s acceptance of a quote and payment of any applicable upfront fees.
“Engagement Letter”	means a written agreement between Namekart and the Client setting out the specific scope, fees, timelines, and terms applicable to a particular Engagement.
“Escrow Provider”	means any regulated or commercially accepted escrow, payment, or settlement intermediary used in connection with an Acquisition or other Service.
“Intellectual Property”	means all patents, trademarks, service marks, trade names, domain names, copyrights, database rights, design rights, trade secrets, know-how, and any other intellectual property rights, whether registered or unregistered.
“Prohibited Conduct”	Any conduct described in Clause 6 (Acceptable Use) of these Terms.
“Services”	means all services offered by Namekart through the Website or otherwise, including domain acquisition and brokerage, brand protection and domain management, strategic domain advisory, naming and digital identity solutions, portfolio management, dispute resolution support, and any related ancillary services.
“User”	Any person who accesses or browses the Website, whether or not they create an Account or become a Client.
“User Content”	Any information, documents, brand materials, trademarks, business data, or other content that a Client or User submits, uploads, or otherwise provides to Namekart in connection with the Services.
“Work Product”	means all reports, valuations, strategies, domain shortlists, recommendations, memoranda, and other advisory outputs prepared by Namekart in connection with an Engagement.
“Website”	means the website operated by Namekart at namekart.com and all subdomains, pages, and content thereof.

3.Acceptance of Terms

By accessing the Website or engaging the Services, you represent and warrant that you:

Are at least 18 (eighteen) years of age and have the legal capacity to enter into a binding contract under the Indian Contract Act, 1872, or the equivalent law of your jurisdiction of residence;
If acting on behalf of a company, LLP, partnership, or other legal entity, have the actual authority to bind that entity to these Terms, in which case ‘you’ and ‘your’ shall refer to that entity as well as the individual accepting on its behalf;
Are not a person or entity barred from receiving services under any applicable law, including sanctions, anti-money laundering, or export control regimes applicable in India or the Client’s home jurisdiction;
Will provide accurate, current, and complete information to Namekart for the purposes of Account registration, FEMA compliance, KYC, and service delivery.

3.1 Authority and Reliance

If a person enters into this Agreement on behalf of a corporate entity and Namekart later determines that such person lacked the authority to do so, that person shall be personally liable for all obligations under this Agreement, including payment obligations. Namekart shall not be liable for any loss arising from its reasonable reliance on any instruction, document, or communication that it believed in good faith to have originated from an authorised representative of the Client.

3.2 Account Registration and Security

Where the Website requires the creation of an Account to access certain features:

you must ensure that all information submitted at registration, and thereafter, is accurate, current, and complete;
you are solely responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account, whether or not authorised by you, except to the extent such activity results from Namekart’s negligence or breach of this Agreement;
You must notify Namekart immediately of any breach of security, unauthorised access, or suspected compromise of your Account; and
Namekart reserves the right to suspend or terminate an Account where it reasonably believes the information provided is false, inaccurate, or where the Account shows signs of fraudulent or abusive activity, subject to the notice requirements in Clause 14.

4.Services

4.1 Nature and Scope of Services

Namekart provides domain name brokerage, brand protection, advisory, and digital identity services. The specific scope of Services for each Engagement shall be set out in the relevant Engagement Letter. In the absence of an Engagement Letter, the scope shall be as agreed in writing between the parties.

4.2 No Guarantee of Outcome

Namekart is engaged as a broker and advisor. The successful acquisition of any Domain Name is subject to factors outside Namekart’s control, including but not limited to:
1. The willingness of the current domain owner to sell;
2. The price acceptable to the domain owner;
3. Technical and administrative requirements of the domain registry;
4. ICANN policies, registry rules, and transfer restrictions,
5. regulatory approvals, including FEMA compliance for cross-border payments.
Namekart does not guarantee, represent, or warrant that any specific Domain Name will be successfully acquired, transferred, or secured within any particular timeframe or at any particular price. Namekart’s obligation in respect of any Acquisition is one of reasonable skill, care, and diligence and not of guaranteed result.

4.3 Stealth and Confidential Acquisitions

Where a Client engages Namekart for a stealth or confidential acquisition, Namekart will undertake commercially reasonable efforts to protect the identity of the Client throughout the acquisition process. However, Namekart cannot guarantee complete anonymity in all circumstances, including where a domain registry, escrow provider, or legal process requires disclosure. Namekart shall notify the Client promptly if such disclosure becomes necessary or unavoidable.

4.4 Advisory Services

Domain valuations, market analyses, naming recommendations, and strategic advisory reports represent Namekart’s professional opinion based on information reasonably available at the time of preparation. They are not guarantees of market value, future performance, legal clearance, or investment return. Clients should obtain independent verification, including independent trademark clearance searches, before relying on such outputs for significant commercial decisions. Naming and digital-identity suggestions, including any generated using AI features, are creative options only. They carry no trademark clearance, no availability guarantee, and no exclusivity, and similar suggestions may be provided to other clients. The Client should obtain clearance from qualified counsel before adopting any name.

4.5 Brand Protection Services and Dispute Resolution Services

Namekart’s brand protection services include monitoring, advisory, and dispute resolution support. Namekart does not provide legal advice in the nature of legal representation before courts or tribunals unless separately engaged as legal counsel under a distinct retainer.
Namekart’s Dispute Resolution Support service is advisory and coordination in nature. It does not constitute legal representation before any court, tribunal, or arbitral body, and does not constitute the practice of law in any jurisdiction, unless Namekart’s in-house or empanelled counsel is separately and expressly retained in writing for that specific purpose.

4.6 Subscription Term and Automatic Renewal

Subscription and retainer plans run for the initial term stated at order, which is 12 months unless otherwise agreed, and renew automatically for successive equal terms unless cancelled before the renewal date. Cancellation takes effect at the end of the then-current term, and fees for the current term are not refunded except as the Refund, Cancellation and Renewal Policy provides. Price changes take effect on renewal on at least 30 days’ prior notice, and the Client may cancel before renewal if the Client does not accept the change.

4.7 Web3 and Blockchain Naming Assets

Web3 and blockchain naming assets are not DNS domain names. ICANN policies, including the UDRP, do not apply to them; control depends on wallet custody; and protocol changes or key compromise can cause irreversible loss. Transaction-specific terms will be provided for any such assets Namekart helps the Client acquire. dotBrand and new-gTLD advisory is subject to ICANN’s application windows, rules, and fees, and Namekart does not control or guarantee delegation outcomes.

5.Domain Search, Listings, and Recommendations

Where the Website provides a search, listing, or recommendation feature for available or aftermarket Domain Names, the following applies:

Results are generated by matching the keywords or criteria you enter against Namekart’s available inventory, aftermarket listings, and registry availability data. Where an exact match is unavailable, the Website may display alternative suggestions, including different extensions or stylistic variations.

Listings marked ‘Featured’, ‘Promoted’, or similar are prioritised in the display order based on commercial arrangements with Namekart and do not reflect an endorsement of value, quality, or suitability.

Pricing displayed for aftermarket or brokered domains is indicative and subject to change based on seller confirmation, negotiation outcome, and prevailing market conditions at the time of actual transaction.

Namekart does not guarantee the continued availability of any Domain Name displayed on the Website between the time of search and the time of purchase or engagement.

6.Acceptable Use of the Website

6.1 General Rules of Conduct

You agree that your use of the Website, including any information or User Content you submit, will comply with this Agreement and all applicable Indian and international laws. You will not use the Website in a manner that:

Is illegal or promotes illegal or harmful activity of any kind;
Infringes the Intellectual Property, privacy, or publicity rights of Namekart or any third party;
Involves the transmission of spam, unsolicited bulk communications, or malicious code including viruses, worms, or trojans;
Interferes with or disrupts the operation, security, or integrity of the Website or Namekart’s systems;
Involves the use of automated tools, bots, crawlers, or scrapers to extract data, pricing, or listings from the Website without Namekart’s prior written consent;
Involves impersonation of Namekart, its personnel, or any other person or entity;
Knowingly provides false, misleading, or materially incomplete information in connection with any Engagement, KYC process, or FEMA-related disclosure;
Attempts to gain unauthorised access to any Account, server, or database connected to the Website.

6.2 Consequences of Prohibited Conduct

Namekart reserves the right, in its reasonable discretion and subject to the notice and proportionality principles in Clause 14, to suspend or terminate a User’s access to the Website, decline to provide Services, or terminate an active Engagement where the User or Client engages in Prohibited Conduct. Namekart will, save in cases of fraud, suspected illegality, or risk to Namekart’s systems or personnel, provide written notice and a reasonable opportunity to remedy the conduct before suspension or termination.

7.User Content

7.1 Ownership

You retain all ownership and Intellectual Property rights in any User Content you submit to Namekart, including brand guidelines, trademarks, logos, and business information provided for the purpose of an Engagement.

7.2 Limited Licence to Namekart

You grant Namekart a limited, non-exclusive, royalty-free licence to use, reproduce, and process your User Content solely for the purpose of (a) performing the Services under the applicable Engagement, (b) internal record-keeping and quality assurance, and (c) compliance with applicable law, including KYC, AML, and FEMA reporting obligations. This licence terminates upon completion or termination of the relevant Engagement, save that Namekart may retain copies as required by applicable law, audit, or regulatory record-keeping obligations, or to defend a legal claim.

7.3 No Use for Marketing Without Consent

Namekart will not use your name, logo, or User Content in marketing materials, case studies, testimonials, or the Website’s client/testimonial sections without your prior written consent, save that Namekart may refer to an Engagement in aggregate, anonymised form (for example, ‘a leading Indian fintech company’) for internal reporting and pitch purposes.

7.4 Your Warranties Regarding User Content

You represent and warrant that:

you own or have the necessary rights, licences, and consents to provide the User Content to Namekart; and
the User Content does not infringe the Intellectual Property, privacy, or other rights of any third party, and does not violate any applicable law.

8.Engagement and Fees

8.1 Initiation of Engagement

An Engagement commences upon: (a) the execution of an Engagement Letter by both parties; or (b) the Client’s written acceptance (including by email) of Namekart’s proposal and payment of any applicable upfront or retainer fee, whichever is earlier.

8.2 Fee Structure

Fees for Services are as specified in the Engagement Letter or, where no Engagement Letter exists, as published on the Website at the time of engagement. Namekart reserves the right to revise its published fees at any time; such revisions take effect for new Engagements entered into after the revision and do not retrospectively alter the fees applicable to an Engagement already in force, save where a retainer is renewed for a new term, in which case the then-current published rate applies unless otherwise agreed in writing. The following general principles apply:

Brokerage fees for domain acquisitions are success-based and become payable upon successful transfer of the Domain Name to the Client or the Client’s designated escrow account.
Advisory, valuation, and strategic consulting fees are payable as specified in the Engagement Letter, typically in advance or on delivery of the relevant output.
Portfolio management and brand protection retainer fees are payable monthly or quarterly in advance as agreed.
All fees are exclusive of applicable taxes, including Goods and Services Tax (“GST”), which shall be charged in addition at the prevailing rate.

8.3 Payment Terms

Unless otherwise specified in the Engagement Letter:

Invoices are due and payable within 14 (fourteen) days of the date of the invoice.
Payments must be made in Indian Rupees (“INR”) unless otherwise agreed in writing. For international clients, USD or such other currency as mutually agreed may be used, subject to applicable FEMA regulations.
Late payments shall attract interest (as mentioned in the transactional document) on the outstanding amount from the due date until the date of actual payment.
Namekart reserves the right to suspend Services in the event of non-payment after providing 7 (seven) days’ written notice of the default and a reasonable opportunity to cure.

8.4 Failed Payments and Recovery

If Namekart is unable to collect payment owed, or receives notice of a chargeback, payment reversal, or dispute in respect of a payment already received, Namekart may pursue all lawful remedies to recover the amount owed, including suspension of ongoing Services and recovery of reasonable administrative and legal costs incurred as a result of the chargeback or dispute.

8.5 Expenses

Unless expressly included in the fee quote, out-of-pocket expenses reasonably incurred by Namekart in the course of an Engagement (including domain escrow fees, registry transfer fees, wire transfer charges, compliance verification charges, and reasonable travel expenses where pre-approved by the Client) shall be reimbursed by the Client within 14 days of submission of the relevant expense claim with supporting documentation.

8.6 Refunds

Refund and cancellation terms applicable to each Service category are set out in Namekart’s Refund, Cancellation and Renewal Policy, as provided to you.

8.7 Escrow and Payment Security

Domain purchase and sale funds are handled only through the independent Escrow Provider or the settlement mechanism named in your Engagement Letter and never through personal accounts. Before remitting any funds, the Client must verify payment instructions through a verified channel. Namekart will never change its bank or escrow account details by unverified email.

9.Client Obligations

The Client agrees to:

Provide accurate, complete, and up-to-date information to Namekart as required for the performance of the Services, including information necessary for WHOIS registrations, FEMA compliance, and domain transfer administrative requirements.
Review and respond to communications from Namekart in a timely manner. Delays attributable to the Client’s failure to respond shall not be held against Namekart in respect of timelines or outcomes.
Fund escrow accounts and make payments within the timeframes communicated by Namekart, particularly in time-sensitive acquisition scenarios where delay may result in loss of the Domain Name.
Not approach domain sellers or counterparties identified by Namekart directly during or after an Engagement without Namekart’s prior written consent, for a period of 12 (twelve) months from the conclusion of the Engagement.
Ensure that the use of any Domain Name acquired through Namekart’s services does not infringe the Intellectual Property rights of any third party. The Client assumes sole responsibility for trademark clearance and legal due diligence on any domain acquired and recognises that Namekart’s advisory output does not constitute a legal clearance opinion.
Comply with all applicable laws, regulations, and ICANN / registry, escrow and payment-provider policies in connection with the registration, use, and maintenance of any Domain Name acquired through Namekart’s services.

10.Confidentiality

10.1 Mutual Confidentiality

Each party agrees to keep the other party’s Confidential Information strictly confidential and not to disclose it to any third party without the other party’s prior written consent, except as required by law, regulation, or legal process, or as necessary for the performance of the Engagement (including disclosure to escrow providers, registries, or sub-brokers bound by equivalent confidentiality obligations).

10.2 Namekart’s Specific Obligations

Namekart specifically agrees:

Not to disclose the identity of the Client to the seller or any counterparty in a stealth acquisition, except where compelled by legal process or domain registry requirements, banking requirements, or escrow requirements and subject to prior notification to the Client where legally permissible.
Not to disclose the Client’s acquisition strategy, target domains, or budget to any third party.
To ensure that any third parties engaged by Namekart in connection with an Engagement (escrow providers, sub-brokers, registry agents) are bound by equivalent confidentiality obligations.

10.3 Duration

Confidentiality obligations under this Clause shall survive the termination or expiry of an Engagement for a period of 3 (three) years, except in respect of trade secrets, which shall remain confidential indefinitely.

11.Intellectual Property

11.1 Namekart’s IP

All intellectual property in the Website, including its design, content, code, trade marks, logos, domain valuation methodologies, pricing models, domain databases, and proprietary processes, is and shall remain the exclusive property of Namekart or its licensors. Nothing in these Terms grants the Client any right, title, or interest in Namekart’s intellectual property.

11.2 Work Product

Work Product is prepared for the Client’s exclusive use. Ownership of Work Product vests in the Client upon full payment of all fees associated with that Engagement except that Namekart retains ownership of its pre-existing materials, know-how, templates, tools, methodologies, and generic industry know-how embedded in the Work Product. Until full payment is received, Work Product remains the property of Namekart and may not be reproduced, shared, or commercially exploited by the Client.

11.3 Client IP

The Client retains all intellectual property rights in materials, brand guidelines, trademarks, and other information provided to Namekart for the purpose of the Engagement. The Client grants Namekart a limited, non-exclusive licence to use such materials solely for the purpose of performing the Services. Except for the limited licences expressly granted in this Clause 11, no right, title, or licence under any copyright, trademark, patent, trade secret, or other Intellectual Property right is granted by this Agreement, whether by implication, estoppel, or otherwise.

12.Compliance, KYC, AML and Sanctions

The Client shall cooperate with any reasonable KYC, beneficial ownership, AML, sanctions, source-of-funds, source-of-wealth, and regulatory checks requested by Namekart, its escrow providers, banks, or counterparties.
The Client shall provide such documentation as may be required, including corporate authorisations, identification documents, beneficial ownership disclosures, and approvals required for cross-border transfers or payments.
Namekart may refuse, suspend, or terminate Services if it reasonably believes that continuing the Engagement would expose it to legal, regulatory, banking, sanctions, or reputational risk, or where the Client fails to provide adequate verification or documentation.

13.Service Modifications

Namekart may, in its reasonable discretion, modify, enhance, or discontinue any feature of the Website or any Service offering, provided that any discontinuation of a Service that materially affects an active Engagement will not take effect until: (a) Namekart has given the Client at least 30 (thirty) days’ written notice; and (b) Namekart has offered the Client a reasonable alternative, a pro-rata credit, or a pro-rata refund for the unused portion of any prepaid fee, at the Client’s election.

14.Termination

14.1 Termination by Either Party

Either party may terminate an Engagement by giving 30 (thirty) days’ written notice to the other party, unless a shorter notice period is specified in the Engagement Letter. Termination does not affect any rights or obligations that have accrued prior to the effective date of termination.

14.2 Termination for Cause

Either party may terminate an Engagement immediately by written notice if the other party:

Commits a material breach of these Terms or the Engagement Letter that is incapable of remedy, or fails to remedy a remediable breach within 14 (fourteen) days of receiving written notice requiring it to do so.
Becomes insolvent, enters into administration, receivership, or liquidation, or makes an assignment for the benefit of creditors.
Ceases or threatens to cease to carry on business.

14.3 Namekart-Initiated Suspension or Termination

In addition to Clause 14.2, Namekart may suspend or terminate an Account or Engagement, after providing notice proportionate to the circumstances, where:

The Client’s Account or payment activity shows signs of fraud, abuse, or suspicious activity;
Continued provision of the Services would place Namekart in breach of applicable law, including sanctions, AML, or FEMA requirements;
The Client engages in abusive, threatening, or harassing conduct toward Namekart’s personnel, in which case Namekart may terminate immediately without prior notice.

14.4 Consequences of Termination

Upon termination:

Fees for all Services performed up to the date of termination are immediately due and payable.
Where Namekart terminates for cause attributable to the Client, or where the Client terminates without cause, the Client remains liable for the full Brokerage Fee if a domain acquisition that was in active negotiation at the time of termination is completed by the Client (or an affiliate) within 12 months of termination.
Each party shall promptly return or destroy the other party’s Confidential Information, subject to any legal retention obligations.
Clauses relating to confidentiality, intellectual property, liability, indemnification, and dispute resolution shall survive termination.

15.Disclaimers

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND ANY CONTENT MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15.1

Namekart does not represent or warrant: (a) that the Website will be uninterrupted, secure, or error-free; (b) the accuracy or completeness of any domain valuation, market data, or third-party information displayed on the Website; or (c) that any specific Domain Name will remain available between the time of a search and the time of an attempted transaction.

15.2

Namekart’s advisory outputs, including domain valuations and naming recommendations, represent Namekart’s professional opinion only and do not constitute legal, financial, tax, or investment advice. Clients should seek independent professional advice, including independent trademark clearance, before making material commercial decisions based on Namekart’s Work Product.

15.3

These disclaimers apply to the fullest extent permitted by law and survive termination or expiry of this Agreement. Nothing in this Clause 15 excludes or limits any warranty, right, or remedy that cannot lawfully be excluded under the Consumer Protection Act, 2019, where the Client is a ‘consumer’ within the meaning of that Act.

15.4

Namekart is not a law firm and does not provide legal advice or legal representation. No attorney-client relationship is created with Namekart, and communications with Namekart are not protected by legal professional privilege. Where a Service involves acts that constitute the practice of law, including trademark prosecution, opinions on infringement, or representation in UDRP, INDRP, court, or opposition proceedings, those acts are performed by licensed attorneys or trademark agents engaged by Namekart, who remain professionally responsible for that work or independent licensed attorneys to whom Namekart refers the Client and whom the Client engages directly. Namekart will identify the responsible professional and jurisdiction before work begins. Namekart’s own role in such matters is limited to administrative, strategic, and evidentiary support.

16.Limitation of Liability

16.1 Exclusion of Indirect and Consequential Loss

To the fullest extent permitted by applicable law, neither party shall be liable to the other for any indirect, incidental, special, punitive, or consequential loss or damage, including loss of profits, loss of business opportunity, or loss of goodwill, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, and whether or not the party has been advised of the possibility of such loss.

16.2 Cap on Liability

Subject to Clause 16.3, Namekart’s total aggregate liability to the Client under or in connection with any Engagement, whether in contract, tort, or otherwise, shall not exceed the greater of: (a) the total fees actually paid by the Client to Namekart in the 3 (three) calendar months immediately preceding the event giving rise to the claim; or (b) INR 5,00,000 (Rupees Five Lakh).

16.3 Exceptions | Liability Not Limited

Nothing in this Agreement limits or excludes either party’s liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under applicable Indian law, including the Consumer Protection Act, 2019; (d) the Client’s obligation to pay fees properly due under this Agreement; (e) gross negligence or wilful misconduct.

16.4 Third-Party and Registry Actions

Namekart is not liable for any action, inaction, error, policy change, or outage by any domain registry, ICANN, NIXI, WIPO, or any other administrative or regulatory body that affects the availability, transferability, or registration of any Domain Name, save where such outcome arises from Namekart’s own negligence or breach of this Agreement.

17.Indemnity

The Client agrees to indemnify, defend, and hold harmless Namekart, its directors, officers, employees, agents, and advisors from and against any and all third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

The Client’s breach of this Agreement or any Engagement Letter;
The Client’s use of any Domain Name acquired through Namekart’s Services, including claims of trademark infringement, cybersquatting, or unfair competition;
The Client’s violation of applicable law or third-party rights;
Any inaccurate, false, or misleading information provided by the Client to Namekart.

Namekart agrees to indemnify, defend, and hold harmless the Client from and against any third-party claims arising directly from Namekart’s gross negligence, wilful misconduct, or fraud in the performance of the Services, subject always to the limitation of liability in Clause 16.

Indemnification Procedure: The indemnified party shall (a) promptly notify the indemnifying party in writing of any claim; (b) give the indemnifying party sole control of the defence and settlement of the claim (provided that no settlement imposing liability or obligations on the indemnified party shall be made without its consent, not to be unreasonably withheld); and (c) provide reasonable cooperation, at the indemnifying party’s expense, in the defence of the claim.

18.Dispute Resolution

18.1 Good Faith Negotiation

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or any Engagement (“Dispute”), the parties shall first attempt to resolve the Dispute through good faith negotiations. Either party may initiate this process by giving written notice specifying the nature of the Dispute. The parties shall meet (in person, by video conference, or by telephone) within 15 (fifteen) business days of such notice to attempt to resolve the Dispute.

18.2 Interim Relief

Nothing in this Clause 18 shall prevent either party from seeking urgent injunctive or other interim relief from a court of competent jurisdiction where necessary to protect its rights.

19.Governing Law and Jurisdiction

These Terms and all Engagements entered into pursuant to them shall be governed by and construed in accordance with the laws of India. Subject to Clause 18, the courts at Noida, Uttar Pradesh shall have exclusive jurisdiction to settle any Dispute. The parties submit to the exclusive jurisdiction of those courts.

20.Force Majeure

Namekart shall not be in breach of these Terms or an Engagement, nor liable for any failure or delay in performance of its obligations, if and to the extent that such failure or delay is caused by events beyond Namekart’s reasonable control, including but not limited to:

Acts of God, natural disasters, epidemics, or pandemics.
Domain registry outages, ICANN policy changes, or registry suspension.
RBI or FEMA regulatory changes affecting cross-border payments.
Governmental actions, sanctions, trade restrictions, or import/export controls.
Cyberattacks, hacking, or website downtime not attributable to Namekart’s negligence.
Industrial disputes, strikes, or lockouts not involving Namekart’s employees.

Namekart will notify the Client as soon as practicable of any Force Majeure event and its expected duration. If the Force Majeure event continues for more than 60 (sixty) days, either party may terminate the affected Engagement on 14 days’ written notice without liability, save for fees already accrued.

21.Electronic Communications and Consent

By using the Website or engaging the Services, you consent to receive communications from Namekart electronically, including by email, WhatsApp Business messaging, or through the Website. You agree that all agreements, notices, disclosures, and other communications that Namekart provides electronically satisfy any legal requirement that such communication be in writing, to the extent permitted under the Information Technology Act, 2000.

You may withdraw consent to receive marketing or promotional communications at any time by using the unsubscribe mechanism provided, without affecting your ability to receive essential transactional or Engagement-related communications. Where you provide a telephone number, you consent to receive calls from Namekart regarding your Account or Engagement; such calls may be recorded for quality assurance and dispute resolution purposes, and any such recording may be used as evidence in a dispute between the parties. Namekart will provide reasonable notice of call recording where required by applicable law.

22.Third-Party Links and Services

The Website may contain links to third-party websites, escrow providers, payment processors, or domain registries not owned or controlled by Namekart. Namekart assumes no responsibility for the availability, content, terms, or privacy practices of any third-party website or service, and does not endorse any third-party product or service referenced on the Website. Your use of any third-party website or service is at your own risk and subject to that third party’s own terms and policies.

23.Privacy and Data Protection

Namekart’s collection, use, and processing of personal data is governed by our Privacy Policy, available at namekart.com/privacy-policy. By using the Website or engaging our Services, you acknowledge that you have read and understood our Privacy Policy. Namekart is committed to compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the Digital Personal Data Protection Act, 2023 and any other applicable laws.

Where Namekart processes personal data on the Client’s behalf in the course of an Engagement (for example, WHOIS contact data for an acquired domain), Namekart acts as a data processor for that specific data, and the Client remains responsible for ensuring it has the necessary consents and legal basis for providing such data to Namekart.

24.Compliance with Applicable Law

Namekart makes no representation that the Website or the Services are appropriate or available for use in every jurisdiction. Users who choose to access the Website from outside India are responsible for compliance with all applicable local laws, including any restrictions on cross-border data transfer, foreign exchange, or the acquisition of digital assets in their jurisdiction.

Both parties shall comply with all applicable anti-bribery, anti-corruption, sanctions, and export control laws in connection with this Agreement and any Engagement, including the Prevention of Corruption Act, 1988, and applicable FEMA regulations.

25.Additional Reservation of Rights

Without limiting any other provision of this Agreement, Namekart reserves the right to access Account information and Engagement records to the extent reasonably necessary to: (a) investigate suspected fraud, breach of this Agreement, or violation of applicable law; (b) comply with a court order, regulatory request, or lawful request from a law enforcement authority; (c) defend Namekart against an actual or threatened legal claim; or (d) protect the rights, property, or safety of Namekart, its Clients, or third parties. Namekart will exercise this right proportionately and, save where prohibited by law or where notice would defeat the purpose of the inquiry, will inform the Client that such access has occurred.

26.General Provisions

26.1 Entire Agreement

These Terms, together with any applicable Engagement Letter and the Privacy Policy and Refund Policy incorporated herein by reference, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings. These Terms incorporate by reference the Privacy Policy, the Cookie Policy, the Refund, Cancellation and Renewal Policy, the Disclaimer Page, and, where a Service uses AI features, the AI Disclosure. In case of conflict, a signed Engagement Letter or master agreement prevails over these Terms; these Terms prevail over the other incorporated documents unless a document states otherwise for its own subject matter.

26.2 Modification of These Terms

Namekart may amend these Terms at any time by posting the amended version on the Website with an updated effective date. Where a change is, in Namekart’s reasonable opinion, material, Namekart will provide at least 15 (fifteen) days’ advance notice by email to Clients with an active Account or ongoing Engagement before the change takes effect. Continued use of the Website or the Services after the effective date of an amendment constitutes acceptance of the amended Terms. Amendments do not apply retrospectively to a Dispute that arose, or an Engagement Letter that was executed, before the amendment’s effective date, unless the Client expressly agrees otherwise in writing.

26.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remainder of the Terms shall continue in full force and effect.

26.4 Waiver

No failure or delay by either party in exercising any right or remedy provided under these Terms or by law shall constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise of that right or remedy.

26.5 Assignment

The Client may not assign, novate, or transfer any of its rights or obligations under these Terms or any Engagement without Namekart’s prior written consent. Namekart may assign its rights and obligations under these Terms to any affiliate or in connection with a merger, acquisition, or sale of substantially all of its business assets, provided it gives the Client reasonable prior notice.

26.6 Notices

All notices under these Terms shall be in writing and delivered by email with confirmation of receipt, or by registered post to the addresses set out in the Engagement Letter or as otherwise notified in writing.

26.7 No Partnership or Agency

Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between Namekart and the Client. Namekart acts as an independent contractor.

26.8 Language

These Terms are executed in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

26.9 Headings

Headings in this Agreement are for convenience of reference only and shall not affect its interpretation or construction.

26.10 Independent Covenants

Each representation, covenant, and agreement in this Agreement is a separate and independent obligation. A finding that one provision is unenforceable does not, of itself, affect the enforceability of any other provision.

27.Contact Us

For any questions about these Terms, to raise a grievance, or to initiate a dispute resolution process, please contact:

Namekart Private Limited

CIN: U67190DL2012PTC245663

Registered Office: Sector 13, Pocket B, Dwarka, New Delhi – 110075, India

Email: [email protected]

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