Terms and Conditions

Effective Date: 1.7.25

It is essential that you carefully read and understand these General Depositguardian.com Terms and Conditions (“Terms”). These Terms supersede all previously issued General Terms and Conditions and apply to your use of any Depositguardian.com services from the date of publication onward.

 

These Terms are current as of the Effective Date and are subject to change. In the event of an update, a new version will be made available on our website. We recommend that you review the Depositguardian.com website regularly to ensure you are familiar with the latest version before utilizing any Depositguardian.com services.

 

These Terms apply to all participants in a holding transaction, including the Seller, Buyer, and Broker (each a “Party” or “Underlying Party,” and collectively the “Parties” or “Underlying Parties”). References to “you” and “your” in these Terms apply to you individually or the organization you represent in a given transaction (an “Underlying Transaction”), acting as Seller, Buyer, and/or Broker, as applicable.

 

In addition to these Terms, you agree to be bound by additional Depositguardian.com policies and agreements, including:

 

  • Depositguardian.com Site Terms of Use
  • Depositguardian.com Privacy Policy
  • General Holding Instructions

 

By entering into any agreement involving a holding transaction through Depositguardian.com, you acknowledge and agree to all the provisions set forth in the Depositguardian.com Terms of Service.

1. Agreement to Conduct Holding Transactions Electronically

By registering for and participating in services offered by Depositguardian.com (collectively, the “Services”), the Underlying Parties agree to conduct all holding transactions electronically, in accordance with applicable laws and these Terms.

2. Definitions and Interpretation

Unless defined elsewhere in these Terms or in the Depositguardian.com Terms of Service, the following definitions apply:

  • Account: A Depositguardian.com account belonging to a Buyer or Seller, used for receiving or making payments.
  • Affiliate: Any entity that directly or indirectly controls, is controlled by, or is under common control with Depositguardian.com.
  • Applicable Law: All relevant laws, regulations, payment network rules, and automated clearinghouse rules governing the Services and transactions facilitated by Depositguardian.com.
  • Arbitration Commencement Period: The 14-day calendar period beginning at the end of the Negotiation Period.
  • Broker: Any person or entity brokering the sale of personal property or services via the Site.
  • Business Day: Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding public holidays observed in Queensland, Australia.
  • Buyer: Any person or entity purchasing goods or services via Depositguardian.com.
  • Buyer Inspection Period: The timeframe allotted for the Buyer to inspect the subject of the transaction, as specified.
  • Close of Holding: Completion of the holding transaction.
  • Dispute Date: The date on which a dispute is initiated, which could be triggered by merchandise rejection or notice of disagreement.
  • Holding Fees: Fees charged by Depositguardian.com for providing the Services.
  • Holding Funds: Funds held in deposit with Depositguardian.com during a transaction.
  • Holding Instructions: The set of instructions governing the holding transaction, including:
    • General Holding Instructions
    • Transaction Holding Instructions
    • Any Supplemental Holding Instructions
  • Holding Property: Any property, including funds or other items, held in trust by Depositguardian.com.
  • Holding Services: The suite of services offered by Depositguardian.com, including managing transactions and holding funds or other property.
  • Holding Transaction: The portion of the transaction that involves Depositguardian.com acting as a holding agent.
  • General Holding Instructions: Standard instructions that apply to all holding transactions processed through the Site.
  • Inspection Period: The period during which the Buyer or Seller may inspect the item(s) involved in the transaction.
  • Merchandise: Goods or property transacted via Depositguardian.com, including both tangible and approved intangible assets.
  • Milestone Transaction: A transaction involving services delivered in phases by a Seller.
  • Negotiation Period: The 14-day period beginning on the Dispute Date for resolving conflicts.
  • Parties: Depositguardian.com and the Underlying Parties involved in a transaction.
  • Personal Property: Moveable property or intangible assets not classified as real estate.
  • Prohibited Transaction: Any transaction expressly forbidden under Section 5 of these Terms.
  • Seller: A person or entity offering goods or services through Depositguardian.com.
  • Seller Inspection Period: The timeframe in which the Seller may inspect returned goods or property.
  • Seller Services: Services offered for sale by the Seller, including consulting, artistic labor, or other non-tangible offerings.
  • Site: The Depositguardian.com website, located at www.depositguardian.com.
  • Supplemental Holding Instructions: Additional or modified terms agreed to by the Underlying Parties after initial agreement, including amendments or clarifications.
  • Transaction Detail Screens: Online interfaces through which transaction details are entered and reviewed.
  • Transaction Holding Instructions: Specific instructions and terms related to a single transaction, entered by the Underlying Parties via the Transaction Detail Screens.

Underlying Parties” means the Buyer, Seller, and Broker (if applicable).
Underlying Transaction” refers to the transaction between the Buyer, Seller, and Broker (if applicable), involving the sale of Merchandise or Seller Services, for which Depositguardian.com provides Holding Services.
User” means any of the Underlying Parties using the Depositguardian.com Site in relation to an actual or proposed Underlying Transaction.

Interpretation

  • References to “discretion” refer to Depositguardian.com’s sole and absolute discretion.
  • References to “consent” refer to prior written consent; in the case of Depositguardian.com, such consent may be given or withheld at its discretion.
  • “Including” shall mean “including but not limited to.”
  • Singular terms include the plural and vice versa where appropriate.
  • All times mentioned refer to Australian Queensland Time.
  • References to Buyer and Seller include Broker if the Broker has been expressly authorized to act on their behalf.
  • Currency is in Australian dollars, or any other currency explicitly agreed upon by all relevant Parties.
  • “Days” refers to Business Days unless otherwise stated.
  • “Good faith” means honesty in fact, judged subjectively.
  • All communications regarding Underlying or Holding Transactions must be in English.

3. Description of the Holding Service

Depositguardian.com offers internet-based transaction management services, acting as a holding agent on behalf of Buyers and Sellers in connection with property or service transactions. These Holding Services are designed to support the successful completion of Underlying Transactions in accordance with these Terms and the Depositguardian.com Terms of Service.

4. Limits on the Holding Services

Holding Services are only provided for lawful Merchandise, Seller Services, and Underlying Transactions. Depositguardian.com may decline or prohibit any Underlying Transaction at its sole discretion. Service limitations may be listed on the Site or in other Terms of Service. Only registered Users may access Holding Services. Registration requires submission of all requested information on the Site. Local laws may impose further restrictions on the availability of these services.

5. Prohibited Transactions

You agree not to use Depositguardian.com Holding Services for any transaction that:

 

  • Is illegal, involves illegal items, or serves an illegal purpose;
  • Involves obscene materials, munitions, firearms, pirated software, or copyrighted items;
  • Involves controlled substances, alcohol, or tobacco;
  • Concerns liquor licenses, refinancing, promissory notes, or real estate deeds;
  • Is primarily a currency exchange, including digital currencies;
  • Involves parties under sanction or embargo by Australia, the U.S., Canada, or any applicable jurisdiction.

 

Depositguardian.com may, at its discretion, reject any Underlying Transaction suspected of unauthorized use, legal violations, or Terms of Service breaches. Users agree to indemnify and hold Depositguardian.com and its affiliates harmless from any claims or losses, including attorney fees, stemming from misuse of the Holding Services, especially in prohibited transactions.

6. Rejection of Payment

Depositguardian.com is not liable for failed transactions due to User financial limitations or failure of financial institutions. Operating rules related to payment may be posted on the Site and are subject to change at any time.

7. General Conditions of Use

If you access Depositguardian.com via a third-party platform (e.g., online marketplaces or brokers), you authorize that platform to share necessary data with Depositguardian.com. You guarantee that the information you or the third party provide is true, accurate, and complete, and you are responsible for updating it as needed.


Users must be at least 18 years old and legally capable of forming binding contracts. Legal entities must be properly registered and in good standing. Use of the Holding Services requires registration and submission of the Holding Services application form, available on the Site.


Depositguardian.com may accept or reject applications at its discretion.

8. Obligations of Sellers

Each Seller must designate a payment account on the Transaction Detail Screens. Sellers authorize Depositguardian.com and its partners to credit and debit funds as necessary to fulfill Holding Transactions.

 

Sellers are responsible for delivering goods as described, using a delivery service with confirmation tracking. Tracking information must be provided to Depositguardian.com. If no shipment is confirmed within ten (10) calendar days, Depositguardian.com may return Holding Funds to the Buyer (minus applicable fees).

 

In the case of returns, Sellers must notify Depositguardian.com upon receipt. A five (5) day inspection period begins. Acceptance or failure to act results in a refund to the Buyer. Non-acceptance within the period may trigger dispute resolution. If shipping is not required as agreed by all Parties, shipping terms do not apply.

9. Obligations of Buyers

On the Transaction Detail Screens, Buyers must select a payment method and designate an Account from which the purchase price and any applicable fees (unless designated as the Seller’s responsibility) will be drawn and deposited into holding. Depending on the transaction amount and selected currency, Buyers may remit funds via several methods, including credit card, debit card, charge card, check, cashier’s check, money order, or wire transfer. For wire transfers, Buyers must send funds to an account specified by DepositGuardian.com by the date listed in the Transaction Detail Screens.


By using any payment method, the Buyer authorizes DepositGuardian.com and its authorized service providers to initiate the necessary credit or debit transactions to secure the payment and applicable fees, and to make adjustments for any errors or reversals as needed. Funds received will be deposited into a designated holding account maintained by DepositGuardian.com (“Holding Account”).


Deposits held in the Holding Account do not earn interest.


Buyers must notify DepositGuardian.com on the date of receipt of goods or at the start of the Buyer Inspection Period, confirming either the receipt or non-receipt of goods. Before the inspection period ends, Buyers must notify DepositGuardian.com of acceptance or rejection. Upon acceptance, DepositGuardian.com will release the purchase funds (less applicable fees) to the Seller. This transfer usually begins the next business day after acceptance is confirmed. If the Buyer does not provide any notice within the inspection period, DepositGuardian.com is authorized to release the held funds to the Seller. In case of rejection, Buyers must follow the procedures outlined on the Site.

10. Obligations of Brokers

Each Broker must register an account on the Site. In the Transaction Detail Screens, Brokers must provide their payment method and specify the account to receive Broker Fee payments. Brokers authorize DepositGuardian.com and its service providers to credit or debit the appropriate accounts to settle commissions or fulfill financial obligations.


Brokers must submit relevant transaction details including Buyer and Seller email addresses, transaction value, product or service description, inspection period, and allocation of holding and Broker fees. By participating, Brokers confirm they are fully authorized by all transaction parties to act in their role.


DepositGuardian.com may verify a Broker’s authorization status at its discretion but is under no obligation to do so. You agree not to rely on DepositGuardian.com for such verification.

11. Our Responsibilities

DepositGuardian.com’s responsibilities are strictly limited to those outlined in these Terms of Service. We are not liable for errors in judgment, omissions, or misunderstandings, except in cases of gross negligence or intentional misconduct.

 

We may rely on any document, communication, or instruction appearing to be sent or signed by a User without obligation to authenticate it. We do not verify representations or validate ownership, title, or legal rights to any item or service involved in the transaction.

 

If a conflict arises or our responsibilities become unclear, DepositGuardian.com may:

 

(i) seek legal counsel and act based on advice received,

(ii) withhold action until mutual written instructions, legal judgment, or arbitration is obtained,

(iii) deposit the held funds with a competent court via interpleader, or

(iv) comply with applicable laws, including escheating unclaimed funds.

12. Resignation

DepositGuardian.com reserves the right to resign as holding agent at any time. If, within ten (10) days of notice, no replacement agent is designated by all parties, DepositGuardian.com may deposit the funds with a court of competent jurisdiction. Upon transferring the funds to a new holding agent or a court, DepositGuardian.com will be released from all further liability and obligations.

13. Canceling a Transaction

If a transaction cannot be completed for any reason—including cancellation initiated by DepositGuardian.com—each party will be notified via the email provided. DepositGuardian.com reserves the right to cancel any transaction where parties fail to agree to terms via the Site interface. You may also cancel a transaction in accordance with these Terms of Service.

14. Statements and Verification

You agree that all notices, disclosures, and updates relating to these Terms or our services may be provided electronically via email or posted on the Site. DepositGuardian.com may request further information for verification or other business purposes at any time.

15. Digital Identification

DepositGuardian.com issues a Digital ID for each User, which is used to authenticate electronic documents and email notifications. You agree that this Digital ID constitutes a valid electronic signature. For more details, refer to our General Holding Instructions.

16. Fees

Unless otherwise agreed, Buyers are responsible for paying service fees disclosed on the Site at the time the holding instructions are accepted. This includes third-party service fees (e.g., shipping, inspections, appraisals). All DepositGuardian.com service fees are nonrefundable and may be updated at our discretion with 30 days’ notice.


We are not responsible for collecting or remitting any taxes (e.g., sales, use, or VAT) related to goods or services exchanged in transactions.

16.1. Interest on Overdue Fees

Any overdue payments owed to DepositGuardian.com will accrue interest at 2% per month (or the maximum allowed by law) from the due date until paid, calculated daily. This interest compensates us for carrying unpaid balances and aligns with fair commercial expectations.

17. Taxes

Service fees may be subject to taxes, duties, or other government charges, which are not included in listed prices unless explicitly stated. You acknowledge that we may report certain transaction details to tax authorities as required.

18. Invoices

DepositGuardian.com may issue invoices for our service fees. However, we do not provide invoices for the goods or services transacted. Those should be obtained directly from the Seller.

19. Security

We use Secure Socket Layer (SSL) technology to encrypt data and ensure secure communication. Access to transactions requires a User ID and password. You agree to safeguard your credentials and not share them with others.

20. Acknowledgement of Risk

Your use of the services is at your own risk. The Holding Services are provided strictly “as is” and “as available.”

21. Disclaimers

DEPOSITGUARDIAN.COM MAKES NO WARRANTY REGARDING ANY TRANSACTION, ITEM, OR SERVICE OFFERED THROUGH THE SITE. WE DO NOT GUARANTEE THAT OUR SERVICES WILL MEET YOUR NEEDS OR BE ERROR-FREE, UNINTERRUPTED, OR COMPLETELY SECURE.


ALL WARRANTIES—EXPRESS OR IMPLIED—INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WE ARE NOT LIABLE FOR ANY GUARANTEES OR CLAIMS MADE BY SELLERS. NO ORAL OR WRITTEN ADVICE FROM DEPOSITGUARDIAN.COM CREATES ANY WARRANTY NOT EXPLICITLY STATED HERE.

22. No Third-Party Endorsement or Liability from Acts of Third Parties

You acknowledge and agree that DepositGuardian.com does not endorse the website of any third party (including any partner marketplace), nor does it assume responsibility or liability for the accuracy of any content contained on those websites, any infringement of third-party intellectual property rights, or any fraudulent or criminal activity that may occur through them. You further agree that your participation in any Underlying Transaction and acceptance of DepositGuardian.com’s Terms of Service are not based on DepositGuardian.com’s relationship with any third party. DepositGuardian.com is not liable for any act or omission of any third party, including but not limited to your financial institution, payment systems, service providers, telecommunications providers, internet access providers, hardware or software suppliers, mail or delivery services, or payment or clearinghouse systems, nor for any events beyond DepositGuardian.com’s control (such as natural disasters, war, strike, terrorism, power outages, system failures, or security breaches).

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEPOSITGUARDIAN.COM, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS, DISCLAIMS ALL LIABILITY FOR ANY LOSSES, DAMAGES, OR EXPENSES ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF USE, DATA, INCOME, PROFITS, OR PROPERTY; CLAIMS OF THIRD PARTIES; OR ANY OTHER KIND OF LOSS, EVEN IF DEPOSITGUARDIAN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS APPLIES TO CLAIMS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. DEPOSITGUARDIAN.COM WILL NOT BE LIABLE FOR LOSSES ARISING FROM DISPUTES BETWEEN BUYERS AND SELLERS OR BROKERS, EXCEPT WHERE CAUSED BY DEPOSITGUARDIAN.COM’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

24. Termination of Services

DepositGuardian.com may suspend or terminate your access to the site or holding services at its sole discretion and without notice. While DepositGuardian.com may attempt to notify you via email, it is not obligated to do so, especially where doing so may compromise the security or integrity of its services. You remain responsible for all holding transactions initiated prior to termination, including merchandise delivery and payment obligations. You agree to reimburse DepositGuardian.com for any costs or legal fees it incurs in enforcing its rights or resolving disputes.

25. Non-Transferability of Services

You may not assign or transfer your rights or obligations under these Terms of Service, including holding instructions, without the prior written consent of DepositGuardian.com, unless required by law. Any unauthorized assignment will be null and void.

26. Modifications

DepositGuardian.com may modify these Terms at any time without notice. No modification will affect an active underlying transaction once all parties have agreed to the transaction holding instructions. The latest version of the Terms will be posted on the site.

27. Notices

DepositGuardian.com will provide notices to you via email or by posting them on the site. You may contact DepositGuardian.com using the customer support form or other contact information provided on the site.

28. Miscellaneous

Disputes related to these Terms or any underlying transaction will be resolved as described in these Terms. These Terms are governed by the laws of the State of California and represent the complete agreement between you and DepositGuardian.com, superseding any prior agreements.

29. Assignment

DepositGuardian.com may assign its rights and responsibilities under these Terms to affiliates or successors and may delegate duties to third parties.

30. Holding Instructions

Once the buyer, seller (and broker, if applicable) agree to the transaction details, those details become binding holding instructions. All parties must agree in writing to any modifications. DepositGuardian.com may reject changes and terminate the holding transaction. Electronic instructions and digital signatures are permitted under applicable law.

31. General Description of Services

DepositGuardian.com facilitates transactions involving goods or services, excluding prohibited items. Parties are responsible for monitoring transaction status through the site. Communication from DepositGuardian.com is subject to confirmation via login. Brokers may participate only if listed in the transaction.

32. Shipping and Tracking of Purchased Items

Once buyer’s funds clear, DepositGuardian.com notifies seller to ship goods. Seller must confirm funds and ship with insurance and tracking. Failure to ship within 10 days may result in cancellation. Buyer covers international duties and fees unless otherwise agreed. Seller must follow shipping instructions and cooperate in returns.

33. Buyer’s Acceptance; Disbursement of Funds

During the inspection period, buyer must accept or reject goods via the site. Inaction implies acceptance. For certain items like IPv4 addresses, rejection may not be valid after registry transfer. DepositGuardian.com will disburse funds based on who agreed to pay shipping and fees, as outlined in the transaction.

34. Buyer Rejection Process

Buyer is responsible for all Holding Fees if the Holding Transaction is cancelled, or the Merchandise returned. During the Buyer Inspection Period, Buyer may reject for any reason by clicking the “Reject” button and following all other instructions on the Site for rejecting the Merchandise. Upon such rejection, DepositGuardian.com will email Seller concerning Buyer’s rejection and return of the rejected Merchandise. Buyer shall promptly return the rejected Merchandise to Seller within 10 calendar days after receiving notice of the rejection and shall insure, at Buyer’s expense, the returned Merchandise’s value during shipment to the place designated in Seller’s profile. Buyer shall be responsible for shipping the rejected Merchandise at Buyer’s expense (unless otherwise agreed by the Parties).


For the avoidance of doubt, it is the Seller’s responsibility to notify DepositGuardian.com of any change of address as soon as possible. If Seller does not advise DepositGuardian.com of Seller’s change of address in writing at least 48 hours prior to a rejection of Merchandise under this Section, Seller agrees that Seller’s last known address as contained in the records of DepositGuardian.com will be Seller’s current address for the purposes of this Section. Seller must reasonably cooperate to allow the opportunity for Buyer to return the rejected Merchandise if Buyer timely rejects the Merchandise. Seller agrees it will not take steps to avoid the return of rejected Merchandise. Buyer will be responsible for all shipping damage if insurance is not available for any reason to cover such damage. Buyer is aware that the Merchandise must be rejected in the manner described in these Terms to obtain a refund.


If Buyer rejects Merchandise in violation of these Terms or any other terms of acceptance and rejection applicable to the Underlying Transaction, Seller shall not be prohibited by these Terms from pursuing any available right or remedy against Buyer available under Applicable Law.


Buyer acknowledges and agrees that regardless of the reason for rejection, Buyer must return the rejected Merchandise to Seller for Held Funds to be returned to Buyer. If Buyer fails to return the rejected Merchandise in accordance with these Terms within the specified time-period, DepositGuardian.com is hereby authorized to pay Seller the Held Funds, minus the Holding Fees.


If the Underlying Transaction involves a domain name and Buyer rejects the domain name within the Buyer Inspection Period, unless the domain name is being held by DepositGuardian.com pursuant to a written agreement, Buyer must cause return of the domain name to Seller within 10 calendar days of Buyer’s rejection. If Buyer fails to cause return of the domain name timely, DepositGuardian.com is hereby authorized to pay Seller the Held Funds minus the Holding Fees. Seller shall cooperate in the return process of the domain name. In the event the domain name transfer to Buyer has caused the Internet Corporation for Assigned Names and Numbers (ICANN) to impose a registrar lock, Seller will open an account at the receiving registrar to take possession of the domain name or the Held Funds will continue to be held in holding until this period expires and the domain name can be returned to Seller’s registrar.


Notwithstanding anything to the contrary herein, for Underlying Transactions involving IPv4 Numbers, Buyer may reject the IPv4 Numbers only if the Whois records of the recipient RIR do not reflect Buyer or its designee as the registrant of the IPv4 Numbers (as confirmed by DepositGuardian.com), in which case Buyer’s rejection shall be deemed Buyer’s automatic return of the IPv4 Numbers to Seller. If, in such event, Seller accepts the return of the IPv4 Numbers (as further described below with respect to IPv4 Numbers), DepositGuardian.com shall refund the Held Funds to Buyer, minus the Holding Fees.

35. Authentication Services

The following additional terms apply to Holding Transactions that are referred to DepositGuardian.com from an external online marketplace, including but not limited to eBay, where that marketplace applies an authentication service to Merchandise that is subject of a Holding Transaction.

Where Merchandise subject to a DepositGuardian.com Transaction is purchased through an external marketplace, and where DepositGuardian.com is used as a method of payment, the Underlying Parties will be bound by the Merchandise authentication rules and procedures of that external marketplace when completing the DepositGuardian.com Holding Transaction.

 

The relationship between the Underlying Parties and the referring external marketplace and Merchandise authentication service is independent of the relationship between the Underlying Parties and DepositGuardian.com where it concerns the DepositGuardian.com Holding Transaction. In no circumstances will DepositGuardian.com be liable for any loss suffered by the Underlying Parties resulting from the Underlying Parties’ engagement with an external marketplace or merchandise authentication service.

 

When an external marketplace has a merchandise authentication service and the Underlying Parties engage with that authentication service, the progress of the DepositGuardian.com Holding Transaction may be determined in part by the outcome of that authentication service. When the Underlying Parties engage with an external Merchandise authentication service, the following will generally apply:

 

  • When the authentication service and external marketplace determine that the Merchandise that is the subject of the Holding Transaction is unauthentic or when authentication is unsuccessful, it is the responsibility of the Underlying Parties to engage with the authentication service and external marketplace to ensure the Merchandise is returned to the Seller.
  • When the authentication service and external marketplace determine that the Merchandise subject of the DepositGuardian.com Holding Transaction is authentic or when authentication is successful, it is the responsibility of the Underlying Parties to engage with the authentication service and external marketplace to ensure the Merchandise is received by the Buyer. A determination made that the Merchandise is authentic or that authentication is successful will not affect the Buyer Inspection Period, and Buyer may reject the Merchandise for any reason by clicking the “Reject” button and following all other instructions on the Site for rejecting the Merchandise.
  • When Buyer rejects the Merchandise and the external marketplace and authentication service require re-authentication of the Merchandise before it can be returned to the Seller, the Buyer must follow all instructions from the external marketplace and authentication service as to where to return the Merchandise for re-authentication. The Buyer must not return the Merchandise directly to the Seller when the external marketplace and authentication service require the Merchandise to be re-authenticated prior to the rejected Merchandise being returned to the Seller. When DepositGuardian.com receives confirmation from the external marketplace that the rejected Merchandise has been successfully re-authenticated and returned to the Seller, DepositGuardian.com will return funds to the Buyer in accordance with Applicable Law.

 

In any event, the maximum number of times the authentication process can occur will be determined by the external marketplace and Merchandise authentication service, which operate independently of DepositGuardian.com.

 

The Underlying Parties authorize DepositGuardian.com to rely on information it receives from the external marketplace and authentication service regarding the authenticity and location of the Merchandise in deciding when to release funds to the Seller or return funds to the Buyer, to the extent permitted by Applicable Law.

 

The Underlying Parties agree that when Merchandise is transacted through an external marketplace using DepositGuardian.com as the payment method, DepositGuardian.com will rely on information it receives directly from that external marketplace when deciding the status of a DepositGuardian.com Holding Transaction and whether to disburse Held Funds.

 

When the Underlying Parties use DepositGuardian.com in connection with a transaction on an external marketplace and use its authentication service, DepositGuardian.com shall in no circumstance be liable for goods that are not returned or in any way damaged or altered in connection with the authentication service or involvement of external marketplace in the Holding Transaction.

 

When merchandise that is subject of a Holding Transaction is transacted using an external marketplace, and an authentication service is used in connection with that external marketplace, this authentication service is managed and operated exclusively by that external marketplace and not by DepositGuardian.com. To the extent permitted by Applicable Law, it is the sole and independent obligation and duty of the Underlying Parties to satisfy any and all obligations to the external internet marketplace and authentication service in connection with the DepositGuardian.com Holding Transaction.

36. Shipping and Tracking of Returned Item

Following rejection of Merchandise in accordance with these Terms, Buyer shall ship rejected Merchandise to Seller at its address designated in Seller’s profile.


Immediately upon shipping the rejected Merchandise to Seller, Buyer shall complete and submit, through the Site, the requested shipping information. Upon receipt of the shipping information, DepositGuardian.com will email Seller the name of the carrier and tracking number supplied by Buyer. If Buyer effects the return of rejected Merchandise without following the guidelines in these Terms, then in addition to any other remedies that DepositGuardian.com or Seller may have, DepositGuardian.com will not return to Buyer any of the Held Funds unless and until: (i) Seller confirms that the rejected Merchandise has arrived in the same condition in which it was originally sent by Seller; or (ii) there is a final Dispute Resolution, as specified in the Dispute Resolution section below, that requires DepositGuardian.com to return any Held Funds. Should no shipping be necessary for the return, then Seller and Buyer shall be free of the shipping and tracking obligations.


The Seller Inspection Period shall commence upon the first to occur of either: (i) Seller’s acknowledgment of receipt of Merchandise; (ii) DepositGuardian.com’s receipt of verification of delivery to Seller’s correct address via the shipper’s or registrar’s tracking services; (iii) Seller’s failure to accept Buyer’s returned item in accordance with these Terms; or (iv) Seller’s failure to retrieve the returned Merchandise upon notification from the carrier and/or any governmental office of availability. Seller shall have five (5) calendar days following the date on which the Seller Inspection Period begins to inspect the returned Merchandise.

37. Seller’s Acceptance or Rejection of Return; Disbursement of Funds

Seller shall have five (5) calendar days following the date on which the Seller Inspection Period begins to click the “Accept” or “Reject” button and follow all further instructions on the Site to accept or reject returned Merchandise.


During the Seller Inspection Period, should Seller:

 

  • fail to click either the “Accept” or “Reject” buttons; or
  • fail to follow all instructions to effectuate the acceptance or rejection of the returned Merchandise,

 

then at the end of the Seller Inspection Period, Seller shall be deemed to be satisfied with the quality of the returned Merchandise and shall be deemed to have accepted it.


Seller may reject the timely return of returned Merchandise only if it is returned in a condition other than the condition when first sent to Buyer. Should Seller reject the Merchandise during the Seller Inspection Period, the Underlying Parties shall negotiate during the Negotiation Period. Should they fail to provide a joint instruction during the Negotiation Period to DepositGuardian.com, either of the Underlying Parties may institute binding arbitration (“Arbitration”) (in accordance with the Dispute Resolution section below) at any time within fourteen (14) calendar days following the Negotiation Period. If, as of the 15th calendar day following the end of the Negotiation Period, neither of the Underlying Parties has instituted Arbitration with notice to the other Parties, then Seller shall be deemed to have waived its rights to a return of all or any portion of the purchase price, the Holding Transaction shall terminate, and DepositGuardian.com shall return the Held Funds, less the Holding Fees, as provided herein.


Upon the first to occur of either: (i) Seller’s acceptance of the returned Merchandise; (ii) the end of the Seller Inspection Period; or (iii) on the 15th calendar day following the Negotiation Period the failure of either Underlying Party to institute Arbitration and notify all Parties, DepositGuardian.com will disburse the Held Funds as follows:

 

  • If the Transaction Holding Terms reflect Buyer’s agreement to pay for shipping and/or any portion of the Holding Fees, DepositGuardian.com will pay Buyer the purchase price, less these costs, and DepositGuardian.com will pay Seller for the shipping fee in the amount set forth in the Transaction Holding Terms, disburse the Holding Fees to DepositGuardian.com and the balance to Buyer.
  • If the Transaction Holding Terms reflect Seller’s agreement to pay for shipping and/or any portion of the Holding Fees, then DepositGuardian.com shall pay Buyer the Held Funds, minus the Holding Fees.
  • If the Underlying Parties agreed that the item will not be shipped to Buyer prior to the Close of Holding, then DepositGuardian.com will not deduct shipping fees.

 

Once all costs are paid and funds are disbursed, the Holding Transaction shall be deemed cancelled, with no further obligation due by the Parties under the Transaction Holding Terms. DepositGuardian.com reserves the right and while under no obligation may provide Seller up to 48 hours’ notice if an Inspection Period has ended without Seller’s involvement.


Notwithstanding anything to the contrary herein, for a Holding Transaction involving IPv4 Numbers, Buyer’s rejection of IPv4 Numbers still registered to Seller in the source RIR’s Whois records shall constitute automatic return of the IPv4 Numbers to Seller and the beginning of Seller’s Inspection Period. Seller may reject the return of the IPv4 Numbers only if Seller is able to provide DepositGuardian.com (via login to the Site) independently verifiable information that in DepositGuardian.com’s absolute discretion indicates that the transfer of IPv4 Numbers from Seller to Buyer has been approved, without express reservation or condition, by the applicable RIR(s) and that the applicable RIR(s) will not agree to rescind the approval or otherwise cancel the transfer. Unless the Underlying Parties otherwise agree to a different joint instruction to DepositGuardian.com, upon DepositGuardian.com’s confirmation that the recipient Regional Internet Registry (RIR) Whois records reflect Buyer as the registrant, DepositGuardian.com shall close the Holding Transaction and disburse the Held Funds to Buyer, minus the Holding Fees.

38. Cancellation

Once Holding Funds have been deposited, if the Seller fails to ship the Merchandise within the required 10-day period or any longer period agreed upon by the Underlying Parties, the Buyer may request a refund of the Holding Funds through our support form, except where earlier refunds are required by Applicable Law. Upon such a request, depositguardian.com will retain the Holding Fees regardless of any prior agreement on fee allocation between the Underlying Parties.


The Seller may request cancellation of the Holding Transaction and refund the Buyer (less Holding Fees and any currency exchange charges) at any time prior to shipment. However, the Seller may not cancel a domain name Holding Transaction after the domain name has been secured in depositguardian.com’s holding account.


In the event of cancellation after Holding Funds are received or in case of Merchandise rejection, the Broker will not be entitled to a commission unless explicitly stated in the Holding Transaction Terms.


For Holding Transactions involving IPv4 Numbers, the 10-day shipment period does not apply. Either the Buyer or Seller may cancel the transaction and must notify depositguardian.com promptly. Any disputes concerning the validity of such cancellations should be resolved between the parties involved—not depositguardian.com. Any claims against depositguardian.com or involving the Holding Services, Holding Funds, or associated property must follow the Dispute Resolution process described below.

39. Holding Transactions Involving a Broker

A Broker may initiate a Holding Transaction by providing Buyer and Seller details and any other necessary information. Once all parties agree to the transaction, including the Broker’s commission, the Buyer will be prompted to send payment to depositguardian.com.


Upon verification of cleared funds, depositguardian.com will instruct the Seller to transfer the Merchandise. Once the Buyer or depositguardian.com confirms receipt of the Merchandise, the Buyer Inspection Period begins. After the Buyer accepts or the inspection period expires, depositguardian.com will release the Holding Funds (minus Holding Fees) to the Seller and Broker.


If the transaction is canceled or the Merchandise is rejected after Holding Funds have been deposited, the Broker will not receive a commission unless stated otherwise in the transaction terms.

40. Dispute Resolution

If a dispute arises between the Underlying Parties concerning a Holding Transaction or any aspect of the Holding Services, both parties must notify depositguardian.com in writing and make reasonable efforts to resolve the issue during the Negotiation Period. If a resolution is reached, both parties must jointly inform depositguardian.com of the outcome. If not, the dispute must be submitted to arbitration before the Arbitration Commencement Period ends, and depositguardian.com must be notified promptly.

 

Before initiating arbitration, the Buyer must return the Merchandise to the Seller.

 

If a dispute arises between an Underlying Party and depositguardian.com, both parties agree to resolve the matter exclusively through binding arbitration. You acknowledge and accept that you are waiving your right to go to court, and that disputes will be resolved by a neutral arbitrator—not a judge or jury.

 

Disputes must be brought on an individual basis, not as part of a class or representative proceeding.

 

If no arbitration notice is received after the Arbitration Commencement Period, depositguardian.com may terminate the Holding Transaction and refund the Buyer (minus Holding Fees). depositguardian.com may also initiate arbitration or interplead the funds to a court, using Holding Funds to cover associated costs unless prohibited by law.

Arbitration will be overseen by a single neutral arbitrator. The initiating party must provide relevant party and dispute information to the arbitration provider and depositguardian.com. depositguardian.com will not participate unless it voluntarily elects to.

 

The arbitrator shall resolve all threshold issues, including arbitrability and waiver of rights. Failure to participate in arbitration will result in a default award.

 

Arbitration must begin within 120 days of arbitrator selection and should conclude within 90 days thereafter. A decision should be issued within 20 days of the final hearing.

 

Costs are shared equally unless one party defaults. The arbitrator may award the prevailing party reimbursement for fees and costs.

 

Judgments may be entered in any court of competent jurisdiction. depositguardian.com will not act on any dispute unless instructed by joint agreement or court/arbitration order.

 

If required, Holding Funds may be moved into an interest-bearing account, with interest allocation decided during dispute resolution. depositguardian.com’s only obligation is to hold and disburse Holding Funds as instructed by all Underlying Parties or per arbitration/court order.

 

depositguardian.com reserves the right to initiate arbitration or legal proceedings, including interpleader actions, to resolve Holding Fund disputes.

41. Integrated Affiliate

Any third-party entity whose site is integrated with depositguardian.com for data transmission purposes is considered an Integrated Affiliate and is bound by the Holding Transaction Terms and any supplemental instructions effective upon data transfer from the Seller’s or Broker’s site to depositguardian.com. Seller (and Broker, if applicable) is bound by such terms once the Buyer agrees via digital confirmation.

42. Time Limits

If depositguardian.com or its Holding Services are unavailable, or if the Underlying Parties jointly request an extension of the Buyer or Seller Inspection Periods, depositguardian.com may at its discretion extend the timeline and will notify all parties via email.

 

If the platform is inaccessible, affected parties must notify depositguardian.com of item acceptance, rejection, or return by calling +61-0421992122 or email: support@depositguardian.com. Notice becomes effective only when acknowledged by depositguardian.com.

43. Payments

Holding Funds will be disbursed to the appropriate party as soon as possible after acceptance by the Buyer or Seller or resolution of a dispute.

 

If a Buyer overpays, depositguardian.com will refund the excess upon close of the transaction. If a party is overpaid, they must return the overage promptly, along with any postage or wire fees if applicable.

 

depositguardian.com is not responsible for any currency conversion losses.

 

For credit card payments, depositguardian.com may charge the card when the payment method is selected. The Buyer must validate their identity and depositguardian.com may refuse the method for any reason.

 

Funds are considered deposited only upon actual receipt by depositguardian.com’s designated account.

 

ACH payments must be pre-approved by depositguardian.com. Push ACH transfers initiated by Underlying Parties will not be accepted. All ACH transactions must comply with U.S. laws and NACHA rules.

 

If a chargeback or stop payment occurs after a transaction is closed, the Buyer (and Broker, if applicable) is considered to have materially breached these Terms. In such cases, damages equal to the chargeback plus depositguardian.com’s losses and costs will apply.

44. Held Funds

DepositGuardian.com will hold funds in a non-interest-bearing deposit account with the Commonwealth Bank of Australia. Unless otherwise requested as specified herein and permitted by law, the held funds do not earn interest. If the Underlying Parties anticipate an extended period before the close of the holding process, they may jointly request by email, and DepositGuardian.com may approve, at its discretion, the deposit of the held funds into an interest-bearing deposit account. In compliance with applicable laws, DepositGuardian.com will maintain the account at the bank holding its other deposit accounts. If the request is approved, DepositGuardian.com will charge a one-time nonrefundable fee of $100.00 to the Underlying Party to whom the interest is due and payable.

45. Unclaimed Funds

DepositGuardian.com will escheat unclaimed held funds in accordance with Applicable Law.

46. Changes to Contact Information

You agree to notify us immediately of any changes to your contact information, including your email address, residential, business and/or mailing address, and telephone number(s), so that all your records at DepositGuardian.com can be updated accordingly. You authorize us to send information and inquiries to the email address we have on file for your account.

47. Indemnification

The Underlying Parties shall indemnify, defend, and hold harmless DepositGuardian.com, its Affiliates, and their respective officers, directors, shareholders, employees, and assigns from and against any and all third-party tort claims, suits, actions, and proceedings (“Claims”) arising from negligent acts, errors, or omissions related to use of the holding services or breach of DepositGuardian.com’s Terms of Service. This includes, without limitation, non-payment or insufficient payment of holding fees or any other charges, chargebacks from a card organization, or reversal or nonpayment of credit/debit entries.

 

These indemnities extend to all judgments, settlements, liabilities, damages, demands, taxes, charges, and legal and other expenses, including reasonable attorney’s fees. The obligation applies to the Underlying Party causing the harm, and if multiple parties are involved, their responsibility is joint and several. These obligations survive the termination of these Terms.

 

You also agree to release, indemnify, and hold DepositGuardian.com and its Affiliates harmless from all liability, claims, or losses caused by your conduct, including:

 

  • Losses or disputes involving DepositGuardian.com.
  • Failure to pay applicable fees.
  • Failed or cancelled holding transactions (including chargebacks or reversals).
  • Misrepresentation or breach of contract.
  • Providing incorrect or outdated information.
  • Breaching these Terms.

48. Communications Among Parties

Unless agreed otherwise, all communications will be via email using the most recent address provided in your user profile. Separate agreements outside of the holding transaction terms must be in writing and signed. Underlying Parties should use the site to verify email accuracy. An electronic record is deemed sent when it either leaves the sender’s control or enters the recipient’s information processing system.

 

If a party is unable to use the site after the transaction has begun, they may call DepositGuardian.com at +61-0421992122 (8:00 a.m. to 4:00 p.m. AESDT) for alternative signing methods. The parties are only required to use alternative communications when reasonable. If a buyer purchases merchandise electronically but later refuses further electronic transactions, both parties must acknowledge this change, or DepositGuardian.com may terminate the transaction.

49. Identification

DepositGuardian.com issues and verifies digital IDs for all Underlying Parties. These are considered “electronic signatures”. A digital ID is attached when a party clicks “Agree.”

 

DepositGuardian.com may require ink signatures for certain documents. It complies with anti-money laundering and counter-terrorism laws. We will collect and verify your full name, date of birth, address, and ID number. For non-individual entities, documentation proving legal existence is required. Services may be delayed or denied until verification is completed.

50. DepositGuardian.com’s Rights; Disputes

If DepositGuardian.com believes a transaction violates its Terms or applicable law, it may terminate the transaction and pursue legal or other remedies. If parties fail to resolve a dispute in a reasonable time or make conflicting demands, DepositGuardian.com may initiate arbitration or judicial proceedings.

51. Authority

The individual who clicks “Agree” on behalf of a party confirms they are of legal age, have read and agreed to these Terms, and have the authority to act on behalf of the entity they represent.

52. No Representations or Warranties

DepositGuardian.com makes no warranties regarding the legality of transactions, merchandise condition, ownership transfer, sales tax, or performance of parties. These matters are considered outside the scope of the holding services.

53. Entire Agreement; Conflicts

These Terms constitute the entire agreement between parties. If any conflict arises between General Holding Instructions, Transaction Instructions, or Supplemental Terms, precedence will be as follows: General Instructions first, followed by these Terms.


Separate agreements between parties do not impact DepositGuardian.com.

54. No Third-Party Beneficiaries

Except for DepositGuardian.com’s officers, employees, etc., no third parties are intended beneficiaries of these Terms.

55. Survival

Provisions requiring performance after termination and all accrued rights will survive. This includes the dispute resolution clauses.

56. Governing Law; Jurisdiction; Forum Selection

These Terms are governed by:

 

  • Australia: State of New South Wales
  • Canada: Province of British Columbia
  • U.S. and other regions: State of California

 

Disputes will be resolved in courts located in Brisbane Queensland Australia. Parties waive objections to venue or jurisdiction.

57. Attorneys’ Fees

In formal legal actions, the prevailing party is entitled to recover reasonable attorney’s fees and costs, including those incurred in arbitration, appeals, mediation, and enforcement actions.

58. Severability

If any part of these Terms is found unenforceable, the remaining provisions will still apply.

59. Headings

Section headings are for convenience only and do not affect interpretation.

60. Force Majeure

A party’s failure to perform due to conditions beyond its control (e.g., natural disasters, war, government action, pandemics) shall not be considered a breach. Obligations resume once the event ends.

61. Non-Waiver

DepositGuardian.com’s failure to enforce any provision does not constitute a waiver unless expressly agreed in writing.

62. Questions About Services

Questions or concerns about holding transactions may be directed to our customer service team via phone or contact form at https://www.depositguardian.com/contact-us. If you notice an error or unauthorized activity, you must notify us within 48 hours.

63. Continuing Agreement

Each time you request holding services through the site, you reaffirm your agreement to the current Terms as updated by DepositGuardian.com.

64. Incorporation by Reference

The DepositGuardian.com Site Terms of Use, Transaction Detail Screens, Privacy Policy, and General Holding Instructions are incorporated into these Terms by reference.

 

  1. Signature Confirmation by Parties to these Terms and Conditions. Each Party’s acknowledgment of these Terms on the Site constitutes their signature and agreement to these Terms.
  2. Domain Names Addendum. If the property being sold through the Underlying Transaction qualifies as a domain name, these Terms include the provisions set forth in Addendum 1.
  3. IPv4 Numbers Addendum. If the property being sold in the Underlying Transaction qualifies as an IPv4 number, these Terms include the provisions set forth in Addendum 2.
  4. Motor Vehicle Transactions Addendum. If the property being sold in the Underlying Transaction qualifies as a motor vehicle, these Terms include the provisions set forth in Addendum 3.
  5. State or Other Law Addendum. Regardless of the physical location or citizenship of any party or the Holding Property, all Underlying Parties agree that the Holding Transaction and Holding Services are coordinated and deemed to occur in Queensland.
  6. Electronic Signatures. For the purposes of the depositguardian.com Terms of Service, “electronic signature” includes any electronic sound, symbol, or process attached to or logically associated with a record that is executed with intent to sign. This includes typing your name, or clicking a checkbox or button labeled “I agree” (or similar). These electronic signatures have the same legal force as handwritten signatures under the Uniform Electronic Transactions Act and other applicable laws.
  7. Consent to Electronic Communications. You agree that depositguardian.com may provide all Communications (as defined below) electronically until you withdraw consent. These Communications include legal and regulatory disclosures, this agreement and amendments, privacy policies, responses to your inquiries, account statements, and any other required documents. While you consent to electronic delivery, depositguardian.com may require written Communications at its discretion.

 

Communications may be provided by email, on the Site, or text message. To access them, you need: (i) an internet-connected device capable of running modern browsers (Internet Explorer, Firefox, Safari, Chrome); (ii) storage for saving Communications; (iii) a valid email account; and (iv) access to a printer. By consenting, you confirm you meet these requirements.

 

Electronic Communications from depositguardian.com are considered “in writing.” You should print or save copies for your records.

 

To withdraw consent, email us. Withdrawal takes effect after we receive and process your written notice. Past Communications remain valid. If you withdraw consent, your access to Holding Services will be terminated.

 

End of General depositguardian.com Terms and Conditions.

ADDENDUM 1: DOMAIN NAME TRANSACTIONS

This Addendum applies only to transactions involving domain names and incorporates the General depositguardian.com Terms. In the event of a conflict, the Terms prevail unless otherwise agreed.


Deposit Guardian will release funds only after confirming transfer of the domain name or upon Buyer’s confirmation and expiration of the Inspection Period. Seller must transfer the domain name based on Buyer’s profile and provide necessary access credentials before release of funds.


If Seller agrees to accept installment payments, and requests depositguardian.com to hold the domain during this time, all parties must execute a separate holding agreement. Deposit Guardian may reject any terms or terminate the transaction at its discretion.


In a standard domain process:

 

  1. Buyer and Seller agree to terms.
  2. Buyer deposits funds.
  3. Seller transfers the domain.
  4. Buyer confirms transfer or Inspection Period expires, and funds are released.

 

For delinquent holding:

 

  • Deposit Guardian charges annual Holding Fees in advance.
  • After one year of non-payment, Deposit Guardian may appoint a broker to sell the domain.
  • Sale proceeds cover fees first; any remainder is distributed per instructions.

 
Deposit Guardian is not liable for domain expiry due to unpaid registration fees.

Domain registration fees are non-refundable.

ADDENDUM 2: IPv4 NUMBER TRANSACTIONS

This Addendum applies only to transactions involving IPv4 numbers. IPv4 Numbers are considered personal property. The applicable regional Internet registries (RIRs) must be identified by the parties.


“Shipped” means the Seller has initiated transfer through the RIR or delivered the IPs via agreed method.


Buyer’s receipt and Inspection Period begins upon confirmation by depositguardian.com or Buyer’s acknowledgment.


Funds are released to Seller when:

 

  • Inspection Period expires, or
  • Buyer accepts the transfer.

ADDENDUM 3: MOTOR VEHICLE TRANSACTIONS

This Addendum applies only to transactions involving motor vehicles.

 

Deposit Guardian does not take possession of vehicles or verify titles. It may, at its discretion, assist in lien payoff coordination. All vehicle shipping and title transfer are handled between Buyer and Seller.

 

Titles are required for international transport.