Escrow For Website & Code Sales | Intellectual Property Escrow Services

The code, content, intellectual property, and data of a website make its sale substantially different from other asset classes. Arizona Escrow & Financial works with website buyers and sellers to minimize risk for both parties by providing a trusted escrow agent to confirm contract compliance and distribute assets. We have experience dealing with the sometimes unique and complicated sale of a website.

  • Website sale: This similar to an asset sale and escrow agents act as a neutral third party.
  • Domain registration: Domain registration updates to confirm ownership with the domain host and the public domain registrar.
  • Access to data: Ensuring contractual compliance with database privacy and handoff requirements.
  • New credentials/Access to funds: Once all payment contract obligations are met, funds, ownership credentials and access to the backend are distributed.
  • Intellectual property laws: Websites are governed by intellectual property laws and are the parties are encouraged to confirm all IP laws are met during due diligence process.

The specifics of each web property sale are unique so having an escrow company that can handle the intricacies of each sale is critical for buyers and sellers for a smooth website sale.

Transferring Website Ownership & Escrow

Taking control of a website requires an understanding of the current technical stack, content, and operations to support those efforts. Similar to the sale of businesses, a contractually defined transition throughout the escrow process that agents oversee is required. Arizona Escrow & Financial works with buyers and sellers to align these efforts by overseeing the purchase contract related to:

Website Access and Ownership:

Like getting the deed for a building, these registrations prove site ownership and will be transitioned to the new owner once escrow agents can confirm the purchase contract has been satisfied.

  • Domain Name: This is the web address (e.g., ownership needs to be transferred to the buyer.
  • Website Hosting: Transfer login credentials and account information for the hosting provider where the website resides.
  • Content Management System (CMS) Access: If your site uses a CMS like WordPress, provide the buyer with admin login details.

Operational Assets and Information:

The importance of operational assets will vary depending on the website, so the specifics for these assets may be treated differently in a purchase contract. Once escrow agents are informed that the conditions of the contract are met, the escrow can then close.

  • Source Code: If the website is custom-built, provide the codebase or ensure access to a repository where it’s stored.
  • Website Analytics Data: Share historical data from analytics tools like Google Analytics to demonstrate website traffic patterns.
  • Content Creation Processes: If you have documented processes for content creation (articles, blog posts), hand those over.
  • Marketing Materials: Any marketing materials or strategies used to promote the website should be included.

Financial and Legal Documentation:

Similar to other large business transactions, records, legal compliance and liabilities are part of the transferring ownership that can be put into escrow for the transition.

  • Financial Records: Provide documented proof of website revenue and expenses, especially for the past few years.
  • Legal Agreements: Transfer any legal agreements related to the website, like licensing deals or contracts with third-party services.
  • Non-Disclosure Agreements (NDAs): If the website deals with sensitive information, ensure any NDAs are transferred to the buyer.

Schedule a Consultation

We understand the distinct intricacies involved in personal property sales and have the experience and expertise to collaborate effectively with all parties involved in order to expedite closings. Additionally, we are well-equipped to tackle any inquiries or obstacles that may surface during the process.

Schedule a consultation to learn how we can work together.

Why Arizona Escrow?

We have been Arizona’s largest independent escrow company since 1976.

We focus on Business and Commercial Real Estate transactions and Customizable Escrow Accounts

Our team is focused on efficient and clear communication to create smooth closings.

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