I. General Conditions
1. Contract Partner
The participants in this contract are ClassicWeb S.L, from now and on Banasta, in representation of
http://Banasta.com and the user with the data provided by him through the form found in
2. Exclusive Application of Banasta Terms and Conditions
The Banasta Terms and Conditions apply exclusively in the contract between Banasta and the client, private or
corporate. As far as the client´s Terms and Conditions in full or partially differ from the Banasta Terms and
Conditions, the former will not be incorporated in the contract with Banasta..
3. Service Specifications and Remuneration
The specification of each service offered by Banasta, including price, payment conditions
and mode of payment, is defined by the details found on the Banasta web site and by the
descriptions in these general terms and conditions.
4. General Limitation of Liability of ClassicWeb S.L.
ClassicWeb S.L. accepts liability only for damages due to intentional infringements or gross
negligence caused by either ClassicWeb S.L., its legal representatives or persons employed in
performing an obligation. However, this does not apply in the case where warranted quality
or essential contractual obligations are effected.
5. Protection of Data
The client agrees that during the contractual relationship his/her data will be electronically processed and
saved by Banasta according to the Spanish data protection laws. Unauthorised access will not be given to any
third party. The transmission of user data for the purpose of contract implementation and invoicing does not
qualify as unauthorised access. The client will be reminded that the safety of data transmission through the
Internet cannot be completely guaranteed at any time. At the present state of technology there is still a
certain risk that data may be accessed by unauthorized persons.
II. Database Service
1. Contract Specifications of the Database Service
Users offering their domain names, complete web sites or web-based businesses for sale or lease may make
their entries into the sedo database free of charge. Prospective buyers or lessees may enter search terms
into the database to look for offers, and enter a bid for certain entries. These bids and the responses of
the offerors will be forwarded to the other party free of charge via e-mail. Banasta acts here neither as a
lessee or lessor, nor as the representative of any of the above-mentioned parties. In addition, within the
scope of this database service, Banasta does not act as an auctioneer nor as a broker..
Contracts of sale and lease agreements are made exclusively between the users of the database (offerors and
prospective buyers/lessees), who are free to arrange the details of their contract.
2. Entry Requirements and User Obligations
For the use of the database the following entry requirements and obligations apply:
a) Offeror is the Owner of the Domain Name
The entry of a domain name, web site or web-based business constitutes an assurance from the offeror assures explicitly that he/she is the
owner of the entered domain name and is able to dispose of it as the "Registrant", which means he appears as the owner of the domains in
the whois database. hould the offeror enter a domain name into the database, sell or lease a domain name
which does not belong to him/her or of which he/she is not its owner, then he/she is personally liable and
obliged to compensate Banasta completely for any damages or costs incurred from the database entry, sale
b) No Infringement of Rights of a Third Party
The offeror of a domain name, web site or web-based business is to make sure that the offered entry and its use
does not infringe the rights of a third party, in particular, his/her/its intellectual rights, rights of the use
of a name, and trademark rights. Before making any offer, the offeror is obliged to make all relevant checks.
Should the offeror enter a domain name into the database which infringes the rights of a third party then he/she
is personally liable and obliged to compensate Banasta completely for any damages or costs incurred from the
database entry, sale or lease.
c) No Infringement of Existing Laws through Domains
The user undertakes not to enter any domain names or web sites into the database, of which the name or content
violates existing laws of Spain.
d) Creation of User Accounts by Offerors and Prospective Buyers
The user undertakes to set up a user account and to fill out the registration form completely and accurately.
e) No Entry of Bids for Own Domain Offers
The offeror of a domain name, web site or web-based business undertakes not to enter a bid for his/her own offer
and not to instruct other persons to do this.
f) Data Administration
The offeror undertakes to keep any data which he/she has added to the database up-to-date. If a domain name, web
site or web-based business has been sold, he/she is to remove it from the database. Furthermore the offeror
undertakes to remove the domain name from the database immediately if a warning has been issued, or as soon as
any knowledge has been received that the rights of a third party or that existing laws could be violated.
This shall hold until legal clarification of the situation has been made.
3. Liability for Database Service
Banasta is neither owner of the domain names or web sites in the database nor does it have any
influence on the business conducted between users of the database. Regarding the database service,
all processes including purchase and sale, or lease of domain names and web sites or web-based
businesses, provider change, domain transfer and payments lie outside the activities of Banasta.
The responsibility for the content of the entered offers lies exclusively with the respective
a) Legal Transactions or Other Acts of Users
Banasta excludes itself from any liability for legal transactions and other acts of the database
users. This also applies to any violations of rights of a third party through the entry of a
domain name in the database, in particular his/her/its intellectual rights, rights of the use of
a name, and trademark rights.
b) Transmission of Data
Banasta excludes itself from any liability for damages due to the false transmission of data,
loss of data or false reproduction of a domain name in the database, as long as these damages
are not due to intentional infringements or gross negligence caused by either Banasta, its
legal representatives or persons employed in performing an obligation.
c) No Warranty for Offerors´ Ownership and for the Non-existence of a Third Party with Rights to the Domain Name
Banasta makes no guarantee to any prospective buyer or lessee that the domain name entered by an
offeror in the database has in fact been registered, or that the offeror is the owner of the
entered domain name and is able to dispose of this domain name as the Registrant.
Furthermore Banasta makes no guarantee that the domain name can be used by the buyer or lessee,
and can be transferred by the offeror without violating any rights of a third party.
4. Rejection and Removal of Database Entries through Banasta
Banasta reserves the right at any time to reject the entry of any domain names into the database
or to remove and blacklist domain names which have already been entered, without prior warning,
without giving any reasons and at any time.This can take place especially in the case of a breach
of users' obligations, when there is doubt surrounding the violation of rights of a third party
concerning a domain name, or surrounding the violation of existing laws of Spain.
5. No Liability in the Case of Domain Transfer Failiure
Banasta excludes itself from any liability for damages due to a failure of the domain transfer
process, as long as these damages are not due to intentional infringements or gross negligence
caused by either Banasta, its legal representatives or persons employed in performing an
6. No Warranty for the Non-existence of a Third Party with Rights to the Domain Name
Banasta makes no guarantee to either buyer or seller that the domain name can be used by the
buyer or can be transferred to him/her without violating any rights of a third party, especially
the intellectual rights, the rights of the use of a name, and the rights derived from trademark
law. The investigation of the possible violation of rights of a third party is not included in
the scope of Banasta´s responsibility. The investigation or
non-investigation of the possible violation of rights lies totally within the risk of the user.
Banasta excludes itself from any liability for damages of the user due to
the sale or purchase of a domain name or web site through which the rights of a third party are
violated, as long as these damages are not due to intentional infringements or gross negligence
caused by either Banasta, its legal representatives or persons employed in performing an
V. Final Provisions
1. Applicable Law, Place of Performance, Place of Jurisdiction, Language
The contractual relationship between the customer and Banasta is subject to Spanish law, which is
exclusively applicable. The place of performance is Spain.
If the client, private or corporate, is running a commercial enterprise, or if the client has no
place of general jurisdiction within Spain (because a person´s place of residence or a company´s
seat lies outside Spain), then the place of jurisdiction of the contractual relationship will be
Spain, as long as there is no other exclusive place of jurisdiction determined by Spanish law.
In the case of any doubt or vagueness over the interpretation of this document or of the
Banasta web site, the original versions in spanish shall prevail.
2. Individual Agreements and Contract Modifications
In order for individual agreements, contract modifications and additions to the contract to be valid,
they must be sent and agreed in writing or by fax, unless otherwise stated in this document.
3. Changes to this Document
All users with an account at Banasta will be notified of changes to this document by e-mail or
post at least four weeks before coming into force. If no objections have been made by a user,
then the changes will be considered to have been accepted by him/her and will be enforced in any
contractual relationship that may come about between him/her and Banasta. When notifying its
users of changes to this document, Banasta is to point this out again.
4. Ineffective Contractual Provisions
If a provision in these general terms and conditions or any other contractual provision in full
or partially should be invalid or rendered invalid, the validity of the rest of this contract
will not be affected. The ineffective provision shall be replaced by a valid one which approaches
the former as best possible.