musicdotmobi

I have just received an email from Caroline Greer from .mobi. I will share my response with everyone:

You claim that you are disappointed about my situation but then Sedo extends the auction by three hours in accordance with its supposed auction terms and conditions. You even say in your email that every effort was made to contact bidders in the auction and additional outreach efforts were made via blogs, web site posts etc.

So where does it say something about crashing servers and delays? I was proclaimed the winner and an invoice was sent with your name (PDF file).

So I accepted the TOS and agreed, won the auction and recieved 2 emails that I have won and how to pay. That to me constitutes agreement and is binding. The TOS clearly say that "document is not yet legally binding, as no agreement has been reached between the buyer and seller. Once an agreement has been reached this document will become binding " It seems that an agreement was made because I was invoiced and sent 2 emails stating I won plus was given a page on the site saying that I am the declared winner.

I do not need any clarity on the TOS Caroline from Kate Donaghue. I think we all know what is at stake here and that you guys messed up but it was not in your best interest to make up for it. I accepted the Terms and COnditions when I made a bid then was proclaimed the winner. Until that point there was no agreement until I was emailed with intention on your part to say that a legal binding agreement has been made and that I won and here are the options to pay. I also received an invoice with your name and SEDO's wire transfer details. That sounds like an agreement to me. What is an invoice? I think an invoice always follows a binding agreement right? Please tell me if I am wrong on that.

Also answer me this: How can new bidders be allowed in the second auction that were not present in the first? What, they decide to show up after 7 days of auctioning? Try doing that on eBay or pulling the "server" excuse. If my DSL was down in the last 2 minutes of the auction would you allow me to bid for the domain after it closes? I doubt. Would Sedo? I doubt. Quite self serving for both Sedo and MTLD the sole beneficiaries of the monies. Great business strategy to auction but unethical and illegal business practices to hold a second auction after proclaiming winners and invoicing them.

I am amused by your "we tried to blog, send emails and post" to alert the old winners that they are no longer winners and to bid again. So if I won, closed my laptop, went to sleep and woke up the next day seeing that I really havent won, where is the fairness in that?

Sorry means nothing to me right now. Throwing the Terms of Service and Conditions as an excuse is unacceptable and self serving, especially if the TOS was in essence followed by me and the actions by SEDO and you in my invoice indicate acceptance and a binding agreement (again this is FOLLOWING the acceptance of the TOS). You could have chosen to cancel my bids and not proclaim me winner. But you did. I was sent 2 emails AND an invoice. I am sure all of SEDO is feeling credible right now and the MTLD is looking very equitable and working in the best interests of the extension. So much for my RFP right?

I had faith and expectations from both the MTLD and especially SEDO since I have been a huge client of theirs over the years.

I am afraid I will see you in court, perhaps the National Arbitration FOrum and perhaps I will drop by Marina Del Rey to have a speak with ICAAN about how the MTLD is distributing domains in an equitable manner with "creative" auction processes.

Sincerely,

Costa

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