What should a Domain Name Transfer Agreement include under Thai law?

1. Definitions and Interpretation
2. Sale
3. Payment
4. Transfer Steps
5. Included Assets
6. Email and Linked Accounts
7. Seller's Warranties
8. Responsibility for Use
9. Failure to Complete
10. Similar Domain Names
11. Costs and Taxes
12. Notices
13. Governing Law and Disputes
14. General

• Check the registration records (WHOIS or RDAP) to confirm that the Seller is the registrant and to see the expiry date and any lock status. If the Seller's name does not match, ask for proof of control, such as a DNS record that the Buyer chooses.
• Search the trademark register of the Department of Intellectual Property, and of any country where you will use the domain, before you buy. A domain that conflicts with someone else's trademark can be taken away through a domain dispute procedure, even if you bought it in good faith. The Seller does not warrant your planned use (Clause 7.2).
• For a .th domain, check the registry's eligibility rules and the documents it needs for a change of registrant before signing. The Buyer must meet those rules (Clause 4.4).
• Open the escrow transaction only through the escrow service's official website, and check the website address carefully. Fake escrow sites are a common scam in domain sales.- You chose to pay in full before the transfer. This is safe only if you trust the Seller. Pay only to the bank account written in this Agreement, and confirm any change of account by phone with a person you know.- The Buyer pays …% first and the balance within 2 Business Days after the transfer (Clause 3.1). If the balance is not paid, the Seller may terminate and require the domain to be transferred back (Clause 9.2).

• The Seller unlocks the domain, sends the transfer code securely (not in the same email as other account details) and approves the registrar's confirmation emails within 2 Business Days (Clause 4.1). The Buyer starts the transfer within 2 Business Days after receiving the code (Clause 4.2).
• Some registrars block transfers for a period after a change of registrant details or a recent transfer. Ask the Seller to disclose any lock in Schedule 1.
• Completion happens when the Buyer is shown as the registrant in the registry records and controls the registrar account. Confirm it in writing within 2 Business Days (Clause 4.5). If Completion does not happen within 30 days for a reason that is not the Buyer's fault, the Buyer gets a full refund (Clause 9.1).

• The Seller must move the login and recovery email of every account (bank, social media, cloud services, marketplaces) away from the domain before Completion (Clause 6.1). Otherwise the Buyer could reset those passwords.
• For … days after Completion, the Buyer forwards and deletes emails meant for the Seller and does not read or use them (Clause 6.2). This protects the privacy of the Seller's contacts.
• Copyright in website content passes only for content the Seller owns (Clause 5.2). Ask for a written list of third-party photos, fonts, themes and plugins, and buy your own licences for them. Customer or subscriber lists are not included unless you agree a lawful basis separately (Clause 5.3).

• A sale of a domain name is not an instrument listed in the Stamp Duty Schedule, so this Agreement does not carry stamp duty.
• The Seller may have to declare the Price as income. A Seller registered for VAT in Thailand must issue a tax invoice, and the Price includes VAT (Clause 11.1). A Thai company that pays a foreign Seller should ask its accountant whether withholding tax applies before paying.
• Keep the signed Agreement, payment evidence, escrow records and the registrar's transfer confirmation. A Thai court will need a certified Thai translation of any English document you rely on.

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-ACAABB. If you reuse this content, please credit the author and link to the original.