Terms and Conditions Propertytraders.com

GENERAL TERMS AND CONDITIONS - PropertyTraders.com B.V.

1. These general terms and conditions apply to every quote, agreement and performance or provision of services by PropertyTraders.com B.V., hereinafter referred to as: “PropertyTraders.com”.
2. All offers are non-binding, unless explicitly stated otherwise in the offer. Any deviating arrangements are only legally valid insofar as they have been stipulated in writing. The applicability of any general and/or specific terms and conditions or clause(s) of the Client is explicitly rejected by PropertyTraders.com.
3. PropertyTraders.com reserves the right to unilaterally amend these general terms and conditions or to state further conditions/requirements. The amended general terms and conditions will be published on the PropertyTraders.com website. The Client itself is responsible for regularly rereading the general terms and conditions on the website. An amendment will become final and legally valid ten days after publication on the website. If the Agreement is extended or the Client enters into a legal relationship with PropertyTraders.com after publication of the amended general terms and conditions, the Client is deemed to have accepted the amended general terms and conditions and the Client is bound by them.
4. PropertyTraders.com is subject to the Money Laundering and Terrorist Financing Prevention Act (Wet ter voorkoming van witwassen en financieren van terrorisme), as well as the Sanctions Act (Sanctiewet) and is entitled to apply requirements or conditions arising from this legislation to the relationship with its clients, including but not limited to the performance of, for instance, customer due diligence and the reporting of unusual transactions (in this context, see also the General Guidelines for the Money Laundering and Terrorist Financing Prevention Act and the Sanctions Act, which PropertyTraders.com will provide to the Client free of charge upon request).
5. If these general terms and conditions turn out to be fully or partially non-binding or voidable, the parties are deemed to have agreed on an arrangement in this regard which is closest in meaning and effect to the non-binding or voided (parts of) these general terms and conditions.
6. The aim of PropertyTraders.com is to bring providers of and parties interested in real estate/properties into contact with each other via the media that it offers (particularly its website). PropertyTraders.com itself is not a real estate provider. PropertyTraders.com carefully compiles the information about the real estate offered via its media, but this is information which originates from the Client. PropertyTraders.com offers this information on its website in the form of a listing (hereinafter referred to as: “listing(s)”). A listing can consist of visual, text, sound and/or video material, combined with the posting of banners, buttons and/or links, which are displayed by PropertyTraders.com in the agreed media.
7. The Client will make the information required for the listing available in accordance with the (technical) requirements of PropertyTraders.com. PropertyTraders.com reserves the right to amend these requirements at any time.
8. PropertyTraders.com does not need to check the accuracy and completeness of materials, data and information supplied by the Client or third parties.
9. The Client guarantees that the data supplied by it or on its behalf is accurate and complete and that this data and the use of the services do not conflict with Dutch laws and regulations, do not infringe (intellectual) property rights of third parties, and are not otherwise unlawful. The Client indemnifies PropertyTraders.com against all claims (from the Client itself as well as from third parties) if it becomes apparent that the information provided by the Client is inaccurate.
10. The Client guarantees that it is entitled to issue the order to PropertyTraders.com to post the listing(s) on the website and indemnifies PropertyTraders.com against claims from third parties for damage based on the assertion that (the use of) the services infringe(s) any (intellectual) property rights of third parties.
11. Any additional services to be provided to the Client by PropertyTraders.com (on the basis of an agreement) may include, among others: publishing search results, providing leads or email addresses and/or details of interested parties.
12. PropertyTraders.com will endeavour to deliver the services to be provided by it in accordance with the agreed specifications and within the agreed period. Stated periods serve as a guideline and are never strict deadlines.
13. PropertyTraders.com does not guarantee that the services to be provided by it will be free of errors, will achieve a certain result, fulfil the Client’s specific requirements, nor that they are suitable for the purpose intended by the Client. PropertyTraders.com does not guarantee that the services will work uninterrupted, are free of viruses and errors and/or defects nor that defects can be remedied. If PropertyTraders.com has caused imperfections, PropertyTraders.com will remedy these imperfections to the best of its ability, provided that the necessary data and information are available.
14. PropertyTraders.com will endeavour to provide optimal availability of the agreed media. PropertyTraders.com may also, without notifying the Client in advance, make changes and/or improvements to the website, temporarily decommission or restrict it, interrupt call-in points or interfaces and/or the availability of the website or restrict its use for maintenance or amendments/adjustments to the services and/or website, without the Client deriving any right of compensation against PropertyTraders.com. PropertyTraders.com is not liable for any damage as a result of the exercise of these powers, nor for any other (temporary) unavailability of the media and/or website that it provides.
15. PropertyTraders.com is entitled to (temporarily) suspend the services and/or restrict the use thereof if the Client fails to fulfil an obligation towards PropertyTraders.com or acts in violation of these general terms and conditions, without the Client being able to claim compensation in relation to these measures. In this case, the agreed fee remains fully due.
16. PropertyTraders.com is entitled to use the services of third parties for the performance of the services. If PropertyTraders.com does not receive a substantive written response from the Client within five working days after sending a request for verification of the (sample) listing to be posted, the sent (sample) listing is deemed to have been approved by the Client.
17. Amendments concerning factual inaccuracies in the listing (for instance, the specifications in the listing do not match the specifications in the agreement) will be processed by PropertyTraders.com free of charge. PropertyTraders.com is entitled to charge a fee for the processing of other amendments.
18. PropertyTraders.com is entitled to refuse, remove or modify (the content of) a listing fully or partially, without prior notice, if this is necessary in its opinion and/or if PropertyTraders.com is obliged to do so on the basis of legislation, court decisions, at the request of competent authorities, at the request of a party in connection with any conflicts relating to the corresponding case/property, judicial investigation, etc. In that case, there is no obligation for PropertyTraders.com to compensate the damage suffered by the Client as a result, and the Client is not entitled to a refund of any fees paid or crediting of invoices.
19. Unless agreed otherwise in writing, PropertyTraders.com may include any banners, buttons and other advertising and promotional applications for or on behalf of third parties (also being any competitors of the Client) on the website, as well as to post the listing in other media of legal persons with which PropertyTraders.com is affiliated or collaborating partners of PropertyTraders.com. The Client cannot derive any rights from such posting.
20. The Client will adhere to the guidelines of PropertyTraders.com for the use of the services, which are duly disclosed on the website or otherwise. The Client is not permitted to use the services in such a way that the number of clicks on a listing is improperly influenced or inaccurately generated.
21. The Client is not entitled to transfer its rights or obligations under the Agreement fully or partially to a third party or to otherwise make them available to a third party without written permission from PropertyTraders.com.
22. If an agreement between the Client and PropertyTraders.com has been entered into for a fixed term, the agreement will commence on the start date as stated in the agreement. The agreement states whether it is subject to tacit renewal. If this is the case, the agreement will always be tacitly renewed for the same duration as the original period, unless the Client or PropertyTraders.com has terminated the agreement in accordance with the applicable conditions or notice periods.
23. If the Client terminates an agreement (prematurely), the agreed fee for the entire initially agreed period is due. In that case, the Client is also not entitled to a refund of any fee(s) already paid.
24. Either party may cancel an agreement by registered letter without notice of default and without judicial intervention with immediate effect if the other party – whether or not provisionally – is granted suspension of payments or if this is requested, if a petition for bankruptcy is filed with regard to the other party, or if the company is liquidated or terminated other than by a merger of companies, or if decisive control over the Client’s company changes. In that case, all agreed fees (also for performances that are yet to be delivered) are due and payable in one instalment and PropertyTraders.com is never obliged to refund fees already received or to pay compensation for any damage suffered or to be suffered as a result of termination on the basis of this paragraph.
25. All rates communicated by PropertyTraders.com are always exclusive of turnover tax and other levies that are or may be imposed by the government, unless explicitly stated otherwise.
26. Payment of invoices of PropertyTraders.com must be made within 14 days of the invoice date, without suspension or set-off. All (extra)judicial costs relating to the collection of invoices, with a minimum of 15% of the amount to be collected, will be borne by the Client. The judicial costs are not limited to the litigation costs, but will be entirely borne by the Client if the Client is (largely) found to be in the wrong.
27. If the performance of services by PropertyTraders.com leads to liability, that liability will always be limited to the amount paid out in the corresponding case under the applicable liability insurance of PropertyTraders.com, plus any applicable amount of the deductible that will be borne by PropertyTraders.com under the insurance agreement in the corresponding case. If, for whatever reason, no payment is made under this liability insurance, the liability is limited to three times the fee charged by PropertyTraders.com in the corresponding case in the corresponding year, in any case up to a maximum of €15,000.00.
28. Unless explicitly agreed otherwise in writing, all (intellectual) rights to the products, designs, items, materials and results developed by PropertyTraders.com and/or made available to the Client within the context of the provided services are held by PropertyTraders.com. If PropertyTraders.com produces a listing on behalf of the Client, the Client obtains the exclusive right of use to display this listing on the website.
29. Within the meaning of Article 6:75 Dutch Civil Code, force majeure on the part of PropertyTraders.com includes: an attributable or non-attributable shortcoming of the suppliers or subcontractors of PropertyTraders.com, strikes, disruptions in the connection to the internet or telephone network, full capacity of PropertyTraders.com and electricity failure. If the force majeure situation lasts longer than one month, the parties are entitled to dissolve the agreement out of court by registered letter.
30. Any agreement(s) between PropertyTraders.com and the Client, as well as these general terms and conditions, are governed by Dutch law. Disputes arising therefrom or otherwise arising between the parties will be settled by the competent court in Amsterdam.